4 CAN v. AUSTRIA JUGDMENT the second-instance court so authorises on application by the investigating judge or the public prosecutor’s department. At a hearing before the trial court on 12 November 1981, Elvan Can was released, subject to depositing 20,000 Schillings as security. 9. At the outset of his detention - for example on 15 and 30 September 1980 -, the applicant was permitted to consult with his lawyer, Mr. Zitta, and his assistants only under supervision. This was because Article 45 para. 3, second sentence, of the Code of Criminal Procedure provides that, until such time as the indictment (Anklageschrift) has been served, a court officer (Gerichtsperson) must be present at such a consultation if the suspect’s detention is grounded partly or exclusively on the danger of suppression of evidence. A similar rule applies to correspondence (Article 45 para. 4). On 6 October 1980, the applicant sought leave to consult with Mr. Zitta in the absence of any third party; in his view, Article 45 para. 3 of the Code of Criminal Procedure was contrary to Article 6 para. 3 (c) of the Convention (art. 6-3-c) and, as a result, to the Austrian Constitution. Leave was refused by the investigating judge on 9 October and, on 14 October, Mr. Can applied to the Review Chamber of the Wels Regional Court, but to no avail: on 13 March 1981, the Chamber also rejected the application, without referring the matter to the Constitutional Court (Verfassungsgerichtshof) as Mr. Can had requested it to do. 10. On 14 January 1983, the Wels Regional Court convicted Mr. Can of being an accomplice to arson and sentenced him to fourteen months’ imprisonment. The Supreme Court (Oberster Gerichtshof) dismissed, on 15 November and 13 December 1983, his appeal (Berufung) and his appeal on points of law (Nichtigkeitsbeschwerde). 11. The applicant has since returned to Turkey with his family. PROCEEDINGS BEFORE THE COMMISSION 12. Before the Commission, to which he applied on 14 April 1981 (application no. 9300/81), Elvan Can complained both of the duration of his detention on remand - fourteen months and twenty-six days - and of the initial supervision of his consultations with his lawyer. On the first point he relied on Article 5 para. 3 (art. 5-3) of the Convention and on the second, on Article 6 para. 3 (c) (art. 6-3-c). 13. The Commission declared the application admissible on 14 December 1983. In its report of 12 July 1984 (Article 31) (art. 31), it expressed the opinion that there had been a violation of Article 5 para. 3 (art. 5-3) (eleven votes against one) and of Article 6 para. 3 (c) (art. 6-3-c) (unanimously). The full text of the Commission’s opinion and of the