THE FACTS

The facts of the case as submitted by the applicant may be summarised
as follows:

I.   The applicant is an Austrian citizen, born in 1930 and at present
detained in prison at G. His application concerns the following
criminal proceedings:

1. From his statements and the documents submitted by him, it appears
that he was on .. December 1957 convicted by the Regional Court
(Landesgericht) of I. on a charge of murder and sentenced to
imprisonment for life.

The applicant accepted this judgement but now complains that he was
wrongly convicted and sentenced.

2. On .. July 1958 the applicant was convicted by the Regional Court
(Landesgericht ) of S. on charges of robbery and theft. He accepted
this conviction.

His application for a retrial (Wiederaufnahme des Strafverfahrens) was
dismissed by the Regional Court on .. July 1967 and, an appeal
(Beschwerde), by the Court of Appeal (Oberlandesgericht) of L. on ..
November 1967. A further petition for retrial was refused by the
Regional Court on .. April 1969.

Affirming his innocence, the applicant complains that he was wrongly
convicted in 1958.

3. On .. October 1968 the Regional Court (Kreisgericht) of S. convicted
the applicant on a charge of false accusation and sentenced him to the
penalty of "sleeping hard" ("hartes Lager") once every month over a
period of six months.

The applicant's appeal (Berufung) was dismissed by the Court of Appeal
of L. on .. December 1968.

Affirming his innocence, the applicant complains that he was again
wrongly convicted and sentenced.

4. Criminal charges were brought by the applicant against a public
prosecutor and against a witness in June 1970 but the Public
Prosecutor's Offices (Staatsanwaltschaften) of L. and S. refused to
prosecute.

II.  With regard to the proceedings mentioned under I, above, the
applicant alleges violations of Articles 3 and 5 of the Convention.

III. By letter of 20 June 1971 the applicant informed the Commission
that he intended to address himself to the press. In reply, he was
reminded by letter of 29 June 1971 from the Commission's Secretary that
the Commission meets in camera and that the case-files on applications,
including correspondence and documentation, should not be made
available to the public.

By letter of 3 January 1972 the applicant has requested the Commission:

- either, to allow him to publish certain documents concerning his
  case, or
- to discontinue its proceedings in this application.

THE LAW

As to the applicant's request for permission to publish documents
relating to this application

Article 33 (Art. 33) of the Convention stipulates that the Commission
shall meet in camera. This has been consistently interpreted by the
Commission to mean that the contents of the case-files in all
applications before it are to be treated as confidential and that,
consequently, neither party to an application is authorised to divulge
the contents of their written or oral pleadings in the case. All
applicants are warned of this situation. As regards the stage of
admissibility, the Commission's decisions declaring an application
admissible, inadmissible or struck off the list of cases are alone
available to the public. In applications which have been declared
admissible, the Commission's reports to the Committee of Ministers
drawn up under Article 30 (Art. 30) are published in accordance with
the provisions of that Article. Reports drawn up under Article 31
(Art. 31) are published in pursuance of the provisions of Article 32
(3) (Art. 32-3) in fine. They may also be published, as the case may
be, at the direction of the Court of Human Rights or, as a matter of
practice subject to a few exceptions, with the authorization of the
Committee of Ministers. Finally, the Commission may, at any stage of
the proceedings, authorise its Secretary to issue press communiqués in
cases of general interest. It follows that the Commission's present
decision will be available for publication but that the Commission
cannot authorise the applicant to publish in any form the submissions
or documentation submitted by him, other than as mentioned in the text
of this decision. There has been no press communiqué issued in this
case.

As to the applicant's request that the proceedings should be
discontinued

The Commission has noted the applicant's alternative request that the
proceedings in this case should be discontinued. It finds no reasons
of a general character affecting the observance of the Convention which
would necessitate a further examination of this application.

For these reasons, the Commission:

1.   decides to refuse the applicant's request for permission to
publish certain documents relating to this application

2.   decides to accept the applicant's request that the proceedings
should be discontinued and, consequently, to strike this application
off the list of cases