Matter v. Czechoslovakia



AS TO THE ADMISSIBILITY OF

Application No. 21029/92

by Vilibald Rudolf MATTER

against Czechoslovakia

The European Commission of Human Rights sitting in private on

10 December 1992, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. J.-C. GEUS

M.P. PELLONPÄÄ

B. MARXER

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the Protection

of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 21 April 1992 by

Vilibald Rudolf Matter against Czechoslovakia and registered on

3 December 1992 under file No. 21029/92;

Having regard to the report provided for in Rule 47 of the Rules

of Procedure of the Commission;

Having deliberated;

Decides as follows:

21029/92 - 2 -

The applicant, a citizen of the CSFR born in 1925, is a pensioner

residing at Cadca.

Insofar as it can be determined from the applicant's submissions,

in 1976 his capacity to act (spôsobilost k právnym úkonom) was limited,

and in 1983 his incapacity was declared by the Cadca District Court

(Okresny súd).

On 30 May 1990 the Slovak Supreme Court (Najvyssí súd Slovenskej

republiky) annulled the decision of the Cadca District Court and

referred the case back for a new decision. Proceedings were resumed

and are apparently still pending before the Cadca District Court.

On 3 December 1991 the applicant filed a complaint about the

decision of 1983 with the Constitutional Court (Ústavní soud) which

declared the appeal inadmissible on 28 May 1992 as the proceedings

before the Cadca District Court had not yet been concluded and the

applicant had not exhausted all the remedies at his disposal.

The applicant complains, without reference to any particular

provisions of the Convention, of the withdrawal of his capacity to act.

He also complains of the unfairness of the various proceedings.

The Commission has examined the applicant's separate complaints

as they have been submitted by him. However, after considering these

complaints as a whole, and insofar as these complaints are within the

Commission's competence and the applicant has complied with the

requirement under Article 26 of the Convention as to the exhaustion of

domestic remedies, the Commission finds that they do not disclose any

appearance of a violation of the rights and freedoms set out in the

Convention.

It follows that the application is manifestly ill-founded within

the meaning of Article 27 para. 2 of the Convention.

For these reasons, the Commission by a majority

DECLARES THE APPLICATION INADMISSIBLE.

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)