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Whereas Article 5, paragraph (3) (Art. 5-3), expressly relates solely
to the rights of persons deprived of their liberty in the circumstances
described in Article 5, paragraph (1) (c) (Art. 5-1-c); whereas it
follows that the period of detention for psychiatric reasons beginning
on .. September, 1964, cannot be taken into consideration for the
purpose of deciding whether or not the Applicant's detention on remand
exceeded a reasonable time within the meaning of Article 5, paragraph
(3) (Art. 5-3);

Whereas the Commission refers in this respect to its decision
concerning Application No. 2219/64, X against the Federal Republic of
Germany (Collection of Decisions, Volume 16, page 56);

Whereas it follows that the only period which is to be considered under
Article 5, paragraph (3) (Art. 5-3), is the period of the Applicant's
detention on remand from .. April until .. September, 1964, i.e.less
than six months;

Whereas, according to the constant jurisprudence of the Commission, the
question whether a period of detention pending trial is "reasonable"
or not cannot be decided in abstracto but must be considered in the
light of the particular circumstances of each case (see Application No.
2077/63, Yearbook VII, page 276; Application No. 2516/65, Collection
of Decisions, Volume 20, page 35);

Whereas in the present case allowance must be made for the large number
of offenses imputed to the Applicant as this could not fail to affect
the time required to conduct the investigation; whereas, furthermore,
the fact that the charges against the Applicant were closely connected
with, and necessitated a new investigation of the cause of the death
of Dr. B that had occurred in 1961, created additional difficulties in
the investigation of the case and added to its complexity;

Whereas the Commission has also taken into account that the period of
the Applicant's detention on remand includes six weeks during which the
Applicant was examined in Berlin as to his criminal responsibility and
that a further delay was created by his transfer from Berlin to
Münster;

Whereas, in view of all these circumstances, the examination of the
case does not disclose, in respect of this complaint, any appearance
of a violation of Article 5, paragraph (3) (Art. 5-3); whereas it
follows that this part of the Application is also manifestly
ill-founded within the meaning of Article 27, paragraph (2)
(Art. 27-2), of the Convention;

Whereas the Applicant further complains of a violation of Article 8
(Art. 8) of the Convention; whereas, in this respect, it appears from
the decision of the Regional Court in Münster of .. September, 1964,
which he has submitted, that in July and August, 1964, at least six
letters were confiscated by the District Court; whereas the Applicant
has failed to supply any details as to the addressees or the contents
of these letters and as to the reasons why they had been confiscated;

Whereas the Commission observes 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 prison authorities or by the
competent court may also include the right under certain conditions to
stop letters, for instance, if they tend to influence witnesses in a
case still pending; whereas, in the present case, an examination of the
file as it has been presented by the Applicant 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
Article 8, paragraph (1) (Art. 8-1); whereas it follows that this part
of the Application is likewise manifestly ill-founded within the
meaning of Article 27, paragraph (2) (Art. 27-2), of the Convention;

Whereas the Applicant finally complains of a violation of Article 10
(Art. 10);

Whereas the Applicant has failed to substantiate this complaint in any
way; whereas 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
Article 10 (Art. 10);

Whereas it follows that this part of the Application is manifestly
ill-founded within the meaning of Article 27, paragraph (2)
(Art. 27-2), of the Convention;

Now therefore the Commission

1. Adjourns the examination of the Applicant's complaints concerning
both his committal to, and his detention in, a mental hospital [issue
under Article 5, paragraph (1) (e) (Art. 5-1-e)] and the length of the
criminal proceedings against him [issue under Article 6, paragraph (1)
(Art. 6-1).

2. Declares the remainder of the Application to be INADMISSIBLE.
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