[align=left]
THE FACTS

Whereas the facts presented by the applicant may be summarised as
follows:

The applicant is a German citizen born in 1941 at S., Yugoslavia.
When last heard of he was detained in prison at Stein/Danube (Austria)
serving a sentence of five years' severe imprisonment (schwerer Kerker)

for fraud; his term was due to end in October 1968.

He has lodged two previous applications (Nos. 2370/64 and 3011/67)
which were declared inadmissible by the Commission's decisions
of 11th February (1) and 20th December, 1967 (2).

The applicant generally attacks the Commission's decisions on his
previous applications and alleges that the Commission violated all
the articles of the Convention ("ihre eigenen Artikel auf der ganzen
Linie verletzt"). In particular he complains of the fact that the
Commission decided too early and did not wait until domestic
proceedingshad come to an end.

He raises a number of new complaints which are, however, largely
connected with facts forming already the subject of the previous
applications.

A. Complaints against Austria

I. One part of the applicant's present application relates to certain
facts already presented in Application No. 2370/64 against Austria
which were summarised as follows in the Commission's decision
of 11th February, 1967;
------------------------------
(1) Published in Collection of Decisions, Vol. 22, p. 96
(2) Published in Collection of Decisions, Vol. 25, p. 70
------------------------------
"After the hearing of his appeal in Vienna on .. July, 1964, the
applicant jumped off the train on his way back to the prison at
Wiener-Neustadt allegedly with the intention of committing suicide
after his conviction. A disciplinary punishment (Hausstrafe) of 10 days
solitary confinement ('Keller') and of 4 days fasting and sleeping hard
was imposed by the prison authority of Wiener-Neustadt which found that
he had tried to escape. The punishment was executed at Stein where the
applicant had been taken in the meanwhile. On .. December, 1964, the
applicant complained of this fact in a letter to the Minister of
Justice, but apparently without success. He also required compensation
for the injuries he had suffered when he jumped off the train.
...
With regard to these injuries ... suffered on .. July, 1964, when he
jumped off the train between Vienna and Wiener-Neustadt ... he filed
in 1965 with the Regional Court (Landesgericht für Zivilsachen) of
Vienna an action for damages against the State, which according to him
has not yet been determined by Court.

The Court assigned a lawyer of Krems to represent him in these
proceedings. This lawyer informed him, on .. March, 1966, that he had
presented the claim first to the Office of the Attorney of the Treasury
and that he would have to wait 3 months for its decision. In reply, the
applicant demanded a copy of the request lodged on his behalf with the
Attorney of the Treasury, but without success. Instead he was informed
on .. May, 1966, that the lawyer had asked the Court's permission to
resign from this case (Enthebung beantragt). On .. June, 1966, the
lawyer himself wrote to the applicant that he could not act for him
because the claims were exaggerated. On .. June, 1966, the applicant
was heard by the Court but no decision was taken. Subsequent letters
to the Court remained without reply.

The applicant states, without giving further details, that he has now
brought an action on the ground of tardiness and a claim for damages
(Säumnisklage verbunden mit einem Schadensersatzanspruch) against the
lawyer.

Insofar as the applicant's complaints were directed against his lawyer
who represented him in subsequent civil proceedings for damages, the
Commission rejected his previous application as being incompatible with
the Convention ratione personae and added that there was no appearance
of a violation of the Convention. Insofar as the above complaint gives
rise to the question whether the Regional Court failed to ensure that
the applicant's defence was properly carried out with the consequence
that he was not given a fair hearing within the meaning of Article 6
of the Convention.

Although the applicant, in a letter to the Commission dated 3rd
October, 1964, and concerning his previous application, had stated
expressly that he deliberately jumped off the train ("Ich wollte
sterben und sprang kurzerhand aus dem fahrenden Zug ..."), he now
alleges that he did not intend to commit suicide but fell off the
train. When reminded of the previous statement, he explains that he had
made those in a state of confusion ("Sinnverwirrung"). He now affirms
that, because of the hot weather on the day in question he did not feel
well and had to go to the lavatory. While he did so the prison officer
who accompanied him, sat in a corner of the compartment sleeping or
otherwise not paying attention. On his way back from the lavatory the
applicant - according to his present allegations - broke down tried to
find hold but did not succeed. So he fell through the door which he
might have opened while on the platform between two wagons and off the
train because the grid was not closed. The applicant alleges that the
prison officer according to the Rules on the escorting of prisoners by
prison officers (Vorschriften über die Eskortierung von Gefangenen
durch Justizwachbeamte) should have accompanied him to and waited at
the lavatory door.

With regard to the applicant's subsequent action for compensation - in
the amount of 700,000 Austrian Schillings - it appears from his present
allegations that, by decision from .. April, 1967, the Regional Court
released the lawyer from the case and withdrew the legal aid which had
been granted to the applicant. After having consulted the file kept in
the prison the Court held that his action had no chance of success as
there was nothing to show that the applicant had in fact fallen from
the train as a result of any negligence of the prison guard or the
railway administration.

The applicant's appeal was rejected by the Court of Appeal
(Oberlandesgericht) of Vienna on .. September, 1967, on the ground that
under Austrian law the applicant, as a foreigner, could not bring an
action for damages against the State, since no reciprocity is
guaranteed in relation to his home country; i.e. the Federal Republic
of Germany.

A further appeal lodged by the applicant was rejected as being
inadmissible by the Regional Court on .. November and by the Court of
Appeal on .. December. 1967.

The applicant complains both of the court's and his lawyer's conduct
in the case. He further complains that the Court of Appeal did not
transmit his appeal to the Constitutional Court
(Verfassungsgerichtshof) as requested by him. On .. February, 1968, he
applied directly to the Constitutional Court but apparently without
success.

The applicant also laid criminal charges against the persons who were
responsible that, according to his allegations, the grid of the
platform was not closed. The Public Prosecutor's Office
(Staatsanwaltschaft) of Wiener-Neustadt discontinued the proceedings
on .. May, 1967, on the ground that there was no sign of negligence and
this was confirmed on .. October, 1967, by the Judges' Chamber of the
Regional Court (Ratskammer des Kreisgerichts).

II. The applicant further complains about another incident during his
detention in Austria. He states that on .. April, 1967, he had
undergone an operation in a hospital in Krems. In the night from .. to
.. April, 1967, he received some medicine because he had pains. In the
morning he was apparently given a purgative. One hour later he had to
go to the lavatory but he could not get up because after having got so
much medicine he was too weak. When he tried to get up he allegedly
fell and hurt himself. Finally he had to relieve himself in the bed
while two prison officers stood in the room laughing and insulting him.

The applicant complains that the prison officers watched the whole
indigent without helping or assisting him in any way. He lodged against
the officers charges of having endangered his personal safety
(Gefährdung der Sicherheit des Lebens). The charges were dismissed on
.. August, 1967, and this decision was confirmed on .. October, 1967,
by the Judges' Chamber of the Regional Court at Krems.

III. The applicant further complains that during this medical treatment
in the hospital in Krems he had for 7 days to stay in a bed for which
the bedclothes of a fellow prisoner who had died were used without
being cleaned.

IV. As in his first application (No. 2370/64) he complains of the fact
that during his detention in Stein prison his health was ruined and as
a result of the work which he had to perform he now suffers from an
anginal hernia.[/align]