VAKALOPOULOS proti Řecku



Application No. 13579/88

by Adamantios VAKALOPOULOS

against Greece

The European Commission of Human Rights sitting in private

on 17 May 1990, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

E. BUSUTTIL

G. JÖRUNDSSON

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H.G. SCHERMERS

H. DANELIUS

J. CAMPINOS

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

Mrs. J. LIDDY

Mr. L. LOUCAIDES

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 28 December 1987

by Adamantios VAKALOPOULOS against Greece and registered on 3 February

1988 under file No. 13579/88;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a Greek citizen born in 1932. He is

Undersecretary of State ("Ministre Plénipotentiaire") at the Ministry

of Foreign Affairs. In the proceedings before the Commission he is

represented by Mr. P. H. Bernitsas, attorney-at-law.

By decision of 21 December 1984 of the Supreme Service Council

of the Ministry of Foreign Affairs, the applicant was suspended for

one month for having acted in a manner incompatible with his capacity

as civil servant and contrary to the dignity of his position. The

penalty imposed was modified to interruption of the applicant's right

to promotion for one year by judgment of 7 October 1987 of the Council

of State (Symvoulio tis Epikrateias).

COMPLAINTS

The applicant complains that he did not have a fair trial,

that his prosecution was motivated solely by political considerations

and that the accusations brought against him were based on his private

correspondence. He invokes Articles 6, 8 and 14 of the Convention.

REASONS FOR THE DECISION

By letter of 14 April 1989 the applicant requested the

Commission to postpone the examination of his application. On

26 March 1990 the applicant informed the Commission that he wished to

withdraw his application.

The Commission notes that the applicant does not wish to

pursue his application. Moreover, it considers that there are no

reasons of a general character affecting the observance of the

Convention which necessitate the further examination of this case.

It follows that the application shall be struck off the list

of cases pursuant to Article 30 para. 1 of the Convention.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H. C. KRÜGER) (C. A. NØRGAARD)