44
NEUMEISTER v. AUSTRIA JUDGMENT
INDIVIDUAL DISSENTING OPINION OF JUDGE ZEKIA
Notwithstanding the difficulties encountered in the preparation and
presentation of the case I am unable to persuade myself - even after making
certain allowances for the delays caused by the necessity for these long
investigations and the difficulties of procuring evidence - that such a long
interval and delay between the date Neumeister was originally charged and
the date of the conclusion of his trial, the date of which is not yet known,
could be considered as compatible with the letter and spirit of Article 6 (1)
(art. 6-1) of the Convention just cited.
In a democratic society, to keep a man in suspense and in mental agony
for seven years and over, in a state of uncertainty and not knowing what
would befall him, with the consequential hardships to him and to his family
in business and society, in my view, constitutes a clear violation of the right
guaranteed to him under Article 6 (1) (art. 6-1) referred to. Undoubtedly it
is desirable, and the administration of justice also demands it that a court
should endeavour to get the truth and the whole truth specially in a criminal
case, but with extremely belated proceedings in this direction, it is highly
questionable whether they defeat or serve the ends of justice. It would be
better in such cases to rule in favour of the individual if there exists a doubt
in the minds of the Court.
I entertain therefore no doubt that in the circumstances of this case, the
Austrian authorities violated Article 6 (1) (art. 6-1) of the Convention.