PROCEDURE

The case originated in an application (no. 22833/07) against the Republic of Austria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by an Austrian national, Mr Herbert Tuma (“the applicant”), on 22 May 2007.

The applicant was represented by Mr K. Bernhauser, a lawyer practising in Vienna. The Austrian Government (“the Government”) were represented by their Agent, Ambassador H. Tichy, Head of the International Law Department at the Federal Ministry for European and International Affairs.

On 24 March 2009 the President of the First Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 1).

THE FACTS

THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1947 and lives in Hirtenberg.

The applicant was arrested on 11 October 2001 on suspicion of fraud. He was in pre-trial detention until 18 October 2001.

In the course of the preliminary investigations, the investigating judge requested the Economic Crime Department (Wirtschaftspolizei) of the Vienna Federal Police Directorate (Bundespolizeidirektion) to carry out certain investigations.

On 14 October and 21 November 2001 the applicant was questioned by the investigating judge. Further questioning scheduled for 18 December 2001 and 14 January 2002 was cancelled as the applicant informed the investigating judge that he was sick. The applicant was questioned again on 5 March 2002.

During the summer of 2002 further interrogations of the applicant took place through the Vienna Public Prosecutor’s Office.

On 22 January 2003 the Public Prosecutor requested the investigating judge to close the investigations.

It appears that the investigating judge chose to continue the investigations. The applicant was questioned again on 15 December 2003 and in March 2004 several witnesses were questioned, following which the public prosecutor repeatedly urged the investigating judge to obtain the investigation results from the Economic Crimes Department of the Vienna Federal Police Directorate and to conclude the preliminary investigations.

On 29 June 2005 the investigating judge decided nevertheless to obtain an expert opinion on various transactions in respect of which the applicant was suspected of embezzlement. The expert’s opinion was submitted on 14 November 2005 and transmitted to the Public Prosecutor’s Office and the applicant on 6 February 2006.

On 15 March 2006 the Vienna Public Prosecutor issued the bill of indictment charging the applicant with embezzlement.

The applicant lodged objections against the indictment on 12 April 2006. By decision of 11 May 2006 the Court of Appeal rejected the objections and upheld the indictment.

The trial was scheduled to commence on 10 August 2006. As the applicant was in hospital, the trial had to be postponed.

The Vienna Regional Criminal Court, sitting with two professional and two lay judges, then held the first hearing on 2 November 2006. During this hearing the expert was ordered to supplement his opinion, taking into consideration further documents. The applicant’s son transmitted further documents to the expert on 14 February 2007.

The court held another hearing on 26 April 2007. On that date it acquitted the applicant. The judgment was served on the applicant’s counsel on 28 June 2007.