6 CAN v. AUSTRIA JUGDMENT will take account of the observations of the European Commission of Human Rights in its report of 12 July 1984 in the present case." The Government accordingly requested the Court, with Mr. Can’s agreement (see paragraph 5 above), to strike the case out of the list pursuant to Rule 48 para. 2 of the Rules of Court, which reads: "When the Chamber is informed of a friendly settlement ..., it may, after consulting, if necessary, ... the Delegates of the Commission ..., strike the case out of the list." The Delegate of the Commission has been consulted and has raised no objection (see paragraph 5 above). The Permanent Representative of Austria to the Council of Europe has also informed the registry that "as an initial step, the Austrian Federal Government will communicate the contents of the Commission’s report of 12 July 1984 to all the Austrian courts, through their presidents, and to the prosecution authorities" (see paragraph 5 above). 15. The Court takes formal note of the friendly settlement reached by the Government and the applicant. The applicant regards the settlement as being clearly in accordance with his own interests; nevertheless, the Court must satisfy itself that there are no reasons of public policy (ordre public) of a kind which would necessitate the continuation of the proceedings (Rule 48 para. 4). 16. In this connection, the Court recalls in the first place that in several earlier cases it has determined issues analogous to that arising in the instant case under Article 5 para. 3 (art. 5-3) of the Convention (see the following judgments: Wemhoff, 27 June 1968; Neumeister, 27 June 1968; Stögmüller, 10 November 1969; Matznetter, 10 November 1969; Ringeisen, 16 July 1971 - Series A nos. 7, 8, 9, 10 and 13, respectively). It has thereby clarified the scope of the engagements undertaken by the Contracting States in this area. 17. Exactly the same cannot be said of the second issue arising, namely the supervision to which, on account of the danger of suppression of evidence, consultations between a detained suspect and his lawyer are subject in Austria (see paragraph 9 above). The Court was recently faced with a somewhat similar problem, which it resolved by finding a violation of Article 6 para. 1 (art. 6-1), but this concerned a convicted prisoner who was serving his sentence in the United Kingdom and wished to institute civil proceedings (see the Campbell and Fell judgment of 28 June 1984, Series A no. 80, pp. 13-15, paras. 17-22, p. 25, para. 44 (d), and p. 49, paras. 111-113). However, the Court’s case-law does already provide certain indications as to the answer to the question - dealt with in paragraphs 45 to 50 of the Commission’s report - whether and to what extent Article 6 para. 3 (art. 63), or a particular sub-paragraph thereof, is applicable at the stage of the preliminary investigations (see, mutatis mutandis, the Engel and Others

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