PROCEDURE

The case originated in an application (no. 50110/99) 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, Herbert Maurer (“the applicant”), on 29 April 1999.

The applicant was represented before the Court by Mr F. Amler, a lawyer practising in St. Pölten. The Austrian Government (“the Government”) were represented by their Agent, Ambassador H. Winkler, Head of the International Law Department at the Federal Ministry of Foreign Affairs.

The applicant alleged that criminal proceedings against him lasted unreasonably long.

The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1 of the Rules of Court.

By a decision of 21 November 2000 the Court declared the application admissible.

As of 1 November 2001 the application was allocated to the First Section of the Court. Within that Section, the Chamber that would consider the case was constituted as provided for in Rule 26 § 1 of the Rules of Court.

THE FACTS

On 3 June 1994 an action in defamation (üble Nachrede) was brought against the applicant. He was suspected of having abused another person in the course of an altercation. Trial hearings were held on 8 November 1994, 8 May 1995 and 3 October 1995 before the Herzogenburg District Court (Bezirksgericht). On the latter date the applicant was convicted of defamation and sentenced to a fine.

On 4 March 1996, following the applicant’s appeal, the St. Pölten Regional Court quashed the sentence because of errors of procedure and law, and referred the case back to the District Court. It found, inter alia, that the District Court had relied on evidence that had been precluded.

On 17 February 1997, after hearings on that date and 10 January 1997, the District Court convicted the applicant again, qualifying the incriminated behaviour this time as an insult (Beleidigung).

On 8 January 1998, following the applicant’s appeal, the St. Pölten Regional Court quashed the sentence again and referred the case back to the District Court. The Court of Appeal found that the District Court had failed to take evidence concerning the applicant’s intentions.

On 18 May 1998 the District Court again convicted the applicant of insult. On 25 January 1999 the St. Pölten Court of Appeal dismissed the applicant’s appeal. The decision was served on 27 April 1999.