X. v. AUSTRIA - 1127/61 [1961] ECHR 7 (19 December 1961)

X. v. AUSTRIA - 1127/61 [1961] ECHR 7 (19 December 1961)

The application was inadmissible because it was lodged more than six months after the final domestic decision, and the clemency proceedings did not fall within the scope of Article 6. No appearance of a violation of Articles 3, 13, or 14 was found.

Source-derived case information.

Citation
[1961] ECHR 7
Parties
Applicant: X.; Respondent: Austria
Jurisdiction
European Union
Judgment Date
19 December 1961
Procedural Posture
Application to European Commission of Human Rights / Admissibility Decision
Outcome
Application declared inadmissible
Legal Topics
Admissibility of Application, Right to Fair Trial, Right to Clemency, Prohibition of Inhuman or Degrading Treatment, Non Discrimination
Human Rights Law Criminal Law Admissibility of Application Right to Fair Trial Right to Clemency Prohibition of Inhuman or Degrading Treatment Non Discrimination

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Parties

X.

Applicant

Austria

Respondent

Procedural Posture

Application to European Commission of Human Rights / Admissibility Decision

  1. 1 Whether the application was lodged within the six-month time limit under Article 26 of the Convention
  2. 2 Whether clemency proceedings fall within the scope of Article 6 of the Convention
  3. 3 Whether there was any appearance of a violation of Articles 3, 6, 13, or 14 of the Convention

Ratio Decidendi

The application was inadmissible because it was lodged more than six months after the final domestic decision, and the clemency proceedings did not fall within the scope of Article 6. No appearance of a violation of Articles 3, 13, or 14 was found.

Court Disposition

Application declared inadmissible