38
NEUMEISTER v. AUSTRIA JUDGMENT
interrogation of Neumeister nor any confrontation of any importance with
the other accused persons whose statements are said to have caused the
Applicant’s second arrest, but between 24 June 1963 and 18 September of
the same year, the Judge did not interrogate any of the numerous co-accused
or any witness, nor did he proceed to any other measure of investigation.
Lastly, it is indeed disappointing that the trial was not able to commence
before 9 November 1964, that is a year after the closing of the investigation,
and even more disappointing that, following such a long investigation, the
trial court was compelled, after sitting for several months, to order further
investigations which were not all caused by the statements of the accused
Huber, who had remained silent until the trial.
21. The Court does not however consider these various facts sufficient to
warrant the conclusion that the reasonable time laid down in Article 6 (1)
(art. 6-1) of the Convention was exceeded in the present case.
It is beyond doubt that the Neumeister case was of extraordinary
complexity by reason of the circumstances mentioned above (statement of
the facts, para. 20). It is, for example, not possible to hold the Austrian
judicial authorities responsible for the difficulties they encountered abroad
in obtaining the execution of their numerous letters rogatory (arguments of
the Government, para. 24). The need to wait for replies probably explains
the delay in closing the investigation, despite the fact that no further
measures of investigation remained to be conducted in Austria.
The course of the investigation would probably have been accelerated
had the Applicant’s case been severed from those of his co-accused, but
nothing suggests that such a severance would here have been compatible
with the good administration of justice (arguments of the Government,
section 25 in fine).
Neither does the Court believe that the course of the investigation would
have been accelerated, if it had been allocated to more than one judge, even
supposing that this had been legally possible. It also notes that, although the
designated Judge could not in fact be relieved of the financial cases of
which he had been seized before 1959, many other cases which would
normally have fallen to him after this date were assigned to other judges
(arguments of the Government, para. 25).
It should moreover be pointed out that a concern for speed cannot
dispense those judges who in the system of criminal procedure in force on
the continent of Europe are responsible for the investigation or the conduct
of the trial from taking every measure likely to throw light on the truth or
falsehood
of
the
charges
(Grundsatz
der
amtswegigen
Wahrheitserforschung).
Finally, it is obvious that the delays in opening and reopening the hearing
were in large part caused by the need to give the legal representatives of the
parties and also the judges sitting on the case time to acquaint themselves
with the case record, which comprised twenty-one volumes of about five