Whereas the Applicant furthermore alleges a violation of Article 6,
paragraph (3) (b) (Art. 6-3-b), in that his lawyer did not have
adequate time and facilities for the preparation of the defence at the
first trial;

Whereas it is to be observed that the restrictions of time and of
access to the file of which the Applicant complains did not in any way
prejudice him since he was acquitted at the first trial;

Whereas, however, he does not allege that his lawyer was in any way
hindered in the preparation of his defence for the second trial which
led to his conviction;

Whereas, in this respect, the Applicant cannot therefore be considered
as a "victim" within the meaning of Article 25, paragraph (1)
(Art. 25-1), of the Convention, of any violation of his rights;

Whereas the Applicant furthermore complains that several essential
witnesses were not heard at his trial;

Whereas Article 6, paragraph (3) (d) (Art. 6-3-d), provides that every
person charged with a criminal offence has the right "to examine or
have examined witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as
witnesses against him"; whereas the Commission has already pointed out,
in its decisions on the admissibility of Applications No. 617/59,
Hopfinger against Austria (Yearbook III, page 390), and No. 1134/61,
X against Belgium (Yearbook IV, page 382), that the text in question
is intended to place the accused on an equal footing with the
prosecution as regards the hearing of witnesses, but not to give him
a right to call witnesses without restriction;

Whereas the "Travaux préparatoires" of the Convention clearly confirm
the accuracy of this interpretation (Report of the Conference of Senior
Officials to the Committee of Ministers of the Council of Europe,
Document CM/WP IV (50) of 19th June, 1950, pages 15 and 16); whereas
the competent judicial authorities of the High Contracting Parties
accordingly remain free, on condition that the Convention and, in
particular, the above-mentioned principle of equality is complied with,
to establish whether the hearing of a witness can contribute to the
finding of the truth and, if not, to decide against calling such
witness;

Whereas, in the present case, the Regional Court, in refusing to hear
the witnesses and experts in question, and the Supreme Court, in
confirming the decision of .. September, 1963, found that the witnesses
or experts could not give any relevant evidence and further that, in
certain respects, the Applicant had not requested in proper form their
examination before the trial court; whereas the Commission considers
that in so deciding the courts have in no way exceeded their powers to
determine whether the examination of the evidence concerned can
contribute to the finding of the truth;

Whereas the Applicant furthermore complains of a violation of Articles
8 and 10 (Art. 8, 10) in that his letter of .. March, 1962, in which
he urged his wife to tell the truth was withheld by the investigating
judge;

Whereas the Commission observes in this respect that the ordinary
control of a prisoner's correspondence is to be considered as an
inherent feature of imprisonment (see decision on the admissibility of
Application No. 2375/64); whereas this control by the competent
authority includes also the right to stop a letter tending to influence
a witness in a case still pending; whereas in the circumstances of the
present case it cannot be said that the investigating judge was not
justified when he considered that the letter in question, regardless
of its particular wording, might possibly influence the Applicant's
wife with regard to the evidence which she had to give at the trial;
whereas, therefore, the examination of the case does not disclose any
appearance of a violation of paragraph (1) of Articles 8 and 10 (Art.
8-1, 10-1);

Whereas the Applicant furthermore alleges violations of Articles 13,
14 and 17 (Art. 13, 14, 17); whereas, however, he has not shown any
facts which could possibly come under these provisions;

Whereas, for these reasons, in regard to all the above-mentioned
complaints, an examination of the case as it has been submitted,
including an examination made ex officio, does not disclose any
appearance of a violation of the rights and freedoms set forth in the
Convention and in particular in the provisions invoked by the
Applicant; whereas it follows that the whole of the Application is
manifestly ill-founded within the meaning of Article 27, paragraph (2)
(Art. 27-2), of the Convention;

Whereas the Commission has also considered the Applicant's complaints
that he was hindered in the effective exercise of the right to lodge
an Application with the Commission; whereas he alleges in particular
that he did not have sufficient access to the file covering his trial
and complains that he was not granted free legal aid in order to obtain
certified copies of the court records;

Whereas the Commission observes, in this respect, that the Applicant
has been able to present this case in a fully satisfactory manner;

Whereas he had been informed by a letter from the Secretary to the
Commission that no further documents, in particular no certified copies
of the court records, were necessary;

Whereas, in these circumstances, the Commission considers that he has
not been hindered in the effective exercise of the right to lodge an
Application, as guaranteed in Article 25, paragraph (1) in fine (Art.
25-1), of the Convention;

Now therefore the Commission

1. declares this Application INADMISSIBLE.

2. decides to take no further steps in respect of the alleged
interferences with the effective exercise of the right of individual
petition.