CAN v. AUSTRIA JUGDMENT 1 In the Can case, The European Court of Human Rights, sitting, in accordance with Article 43 (art. 43) of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") and the relevant provisions of the Rules of Court, as a Chamber composed of the following judges: Mr. G. WIARDA, President, Mr. F. GÖLCÜKLÜ, Mr. F. MATSCHER, Mr. J. PINHEIRO FARINHA, Mr. L.-E. PETTITI, Mr. B. WALSH, Mr. C. RUSSO, and also of Mr. M.-A. EISSEN, Registrar, Having deliberated in private on 27 June and 25 September 1985, Delivers the following judgment, which was adopted on the lastmentioned date: PROCEDURE 1. The present case was referred to the Court by the European Commission of Human Rights ("the Commission") on 15 October 1984, within the three-month period laid down by Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the Convention. The case originated in an application (no. 9300/81) against the Republic of Austria lodged with the Commission on 14 April 1981 by Mr. Elvan Can, a Turkish national under Article 25 (art. 25). The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby Austria recognised the compulsory jurisdiction of the Court (Article 46) (art. 46). Its object was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 6 para. 3 (c) and Article 5 para. 3 (art. 6-3-c, art. 5-3). 2. In response to the inquiry made in accordance with Rule 33 para. 3 (d) of the Rules of Court, the applicant stated that he wished to take part in the proceedings pending before the Court and designated the lawyer who would represent him (Rule 30).  Note by the Registrar: The case is numbered 11/1984/83/130. The second figure indicates the year in which the case was referred to the Court and the first figure its place on the list of cases referred in that year; the last two figures indicate, respectively, the case's order on the list of cases and of originating applications (to the Commission) referred to the Court since its creation.