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.

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