THE FACTS Whereas the facts presented by the Applicant - excluding those which relate to the complaints already rejected by the Commission (1) - may be summarised as follows: The Applicant is a Hungarian citizen, born in 1941. His present whereabouts are unknown; a letter sent to him under his previous address in Vienna was returned to the Commission's Secretariat with the note "addressee has removed abroad to Canada, therefore return" (Empfänger ins Ausland nach Canada verzogen, daher zurück). On ... 1962, he was convicted of certain offenses and sentenced by the Regional Court (Landesgericht) of Vienna to two years' imprisonment. While serving his sentence, he went on hunger strike on ... 1963. He states that on the following day he was placed in a dark isolated cell and for four days refused any liquid. After abandoning his strike on ... 1963, he was served 1/2 litre of strongly salted milk. He states that again, from ... until ... 1963 he refused to eat and that similar measures were again applied. He alleges violations of Article 3 of the Convention. Whereas, by its partial decision of 24th April 1965, the Commission decided to invite the respondent Government, in accordance with Rule 45, paragraph 3 (b), of the Rules of Procedure, to submit its observations on the admissibility of the complaints regarding such alleged violations of Article 3 of the Convention. Whereas the Government has stated that the Applicant went on hunger strike in Stein prison on ... and ... 1963, and subsequently, on ... 1963. As to the treatment of prisoners on hunger strike and particularly, of the Applicant, the Government stated: --------------------------------------------------------------------- (1) Certain complaints were declared inadmissible on 24th April, 1965. This partial decision of the Commission has not been published. --------------------------------------------------------------------- "Whenever a prisoner declares that he intends to go on hunger-strike, he is separated from the other prisoners and transferred into a corrective cell. At the same time, the potable water supply and the flushing of the water closet are turned off. To permit the prisoner to relieve nature, the flushing is turned on for a short time on his demand. By denying drinking water to the prisoner, he shall be induced to end his hunger-strike, the more so since every hunger-strike causes disturbances in the operation of a penitentiary. Only in a corrective cell is it possible to turn off the flushing of the WC. During the hunger-strike, the prisoner is supplied with one litre of whole milk per day; it is left to his discretion to drink that milk or refuse it. At that time, a small amount of salt - namely 0.5 grammes per litre whole milk - was added to the milk in order to render the milk sugar ineffective; this method had meanwhile been abandoned, and milk is now supplied without any addition of salt. Such salt addition was to make milk less tasty and increase the prisoner's thirst. This measure, too, served the only purpose to cause the prisoner to end his hunger-strike. Whenever a hunger-strike endangers the prisoner's life, he is forcibly nourished, i.e. under the control by a physician, he is given one litre of whole milk containing sugar and one egg. To permit a prisoner on hunger-strike to clean his body, he gets every day a hand-basin of water with an addition of 20 grammes of washing soda and is expressly told about the soda addition. Such soda addition, which is exactly dosed by a physician, shall prevent the prisoner from drinking the water. As stated clearly by the physician employed at the penitentiary, any burns are impossible with such a small addition of washing soda. Soda solutions of this kind are even used for rinsing eyes in the case of certain burns. Such soda solutions, therefore, cannot cause any damage to eyes. The Applicant's allegation that severe damage was caused to his health by the treatment given to him during his hunger-strikes, is entirely unjustified. According to the report of the penitentiary's physician, the prisoner, who is 178 centimetres tall, weighed 73.50 kilograms when handed in to the Stein penitentiary and his weight was 72.00 kilograms at the date of his release. The prisoner was in good state of health when he was released from prison. The truth is that the corrective cells are equipped with special safety devices. They contain, as a rule, a second grid designed to protect the guards entering the cell against vicious or obstinate prisoners. In contrast to ordinary cells, they do not contain a sitting WC but a so-called 'French standing WC' sunk into the floor and consisting of a solid and flat basin with treads and a hole between." The Government concluded that in the present case there was no question of a violation of the Convention and added that the criminal proceedings which the Applicant had wished to institute against the prison governor and another prison officer had in fact been discontinued, as the Applicant's allegations had been found to be entirely unfounded. Moreover, the Applicant had not, in the Government's submission, exhausted the domestic remedies available to him. In fact, two lines of action were open to him under Austrian law: (1) Under the Prison Rules, he could have lodged a complaint regarding his treatment in prison. Such a complaint may finally be decided upon by the Federal Ministry of Justice. Against the Ministry's decision, proceedings may be instituted before the Administrative Court (Verwaltungsgerichtshof); (2) According to Article 48 of the Code of Criminal Procedure, the Applicant could have instituted proceedings by way of a "Subsidiaranklage" against the officials concerned, even if the public prosecutor had himself refused to take any action. Whereas the Government's observations have not been communicated to the Applicant as his present address is unknown to the Commission. THE LAW Whereas it is to be observed that, under Article 26 (Art. 26) of the Convention, the Commission may only deal with a matter after all domestic remedies have been exhausted according to the generally recognised rules of international law; and whereas the Applicant failed to exhaust the remedies referred to by the Austrian Government; whereas, therefore, he has not exhausted the remedies available to him under Austrian law; whereas, moreover, an examination of the case as it has been submitted, including an examination made ex officio, does not disclose the existence of any special circumstances which might have absolved the Applicant, according to the generally recognised rules of international law, from exhausting the domestic remedies at his disposal; whereas, therefore, the condition as to the exhaustion of domestic remedies laid down in Articles 26 and 27, paragraph (3) (Art.26, 27-3) of the Convention has not been complied with by the Applicant. Whereas, as regards the methods which were previously used during prisoners' hunger strikes and to which the Applicant was subjected, the Commission has had regard to the facts that the present Applicant did not exhaust the remedies at his disposal, and that it appears from the Government's observations that the practice of adding salt to milk before consumption has now been abandoned. Now therefore the Commission declares this Application INADMISSIBLE.