ABSTRACT
Mr Otmar Chorherr and a friend distributed leaflets calling for a referendum on the purchase of fighter aircraft by the Austrian armed forces during a military ceremony on 26 October 1985 to mark the thirtieth anniversary of Austrian neutrality and the fortieth anniversary of the end of the Second World War. Following a commotion, the applicant and his friend were arrested at 11.15 am and taken to Central Vienna police station where administrative criminal proceedings were instituted against them. The applicant was placed in police custody and after questioning he was released at 2.40 pm. His appeal to the Constitutional Court against his arrest and the prohibition on distributing leaflets was dismissed. Comm found by majority (12-2) NV 5, (7-7 with acting President’s casting vote) V 10.
