14
NEUMEISTER v. AUSTRIA JUDGMENT
exports had been overstated with fraudulent intent, that the recipient firms
abroad were either non-existent or ignorant of the whole affair and that the
exporters had deposited the proceeds of the sales in Switzerland or
Liechtenstein. To achieve this aim it had been necessary to reconstruct
many business operations which had taken place over a period of several
years, to check the routes followed by one hundred and fifty or one hundred
and sixty railway trucks, to study a large number of Revenue Office files, to
hear dozens of witnesses, some of whom had to be examined again after
Rafael’s extradition, etc. Many of the witnesses lived abroad, for example
in the Netherlands, Italy, the United States, Canada, Latin America, Africa
and the Near East. The Republic of Austria had therefore been obliged to
have recourse to the services of Interpol or to invoke the accords providing
for mutual legal assistance which she had concluded with States such as the
Netherlands, the Federal Republic of Germany, Italy, Switzerland and
Liechtenstein. The enquiries conducted in the Netherlands, the Federal
Republic of Germany and in Switzerland had in part taken place in the
presence of Austrian officials and especially, as regards those in
Switzerland, in the presence of Judge Leonhard, the Investigating Judge.
Delays of from six to sixteen months had occurred between the sending of
requests for legal assistance and the receipt of the results of the
investigations which had taken place in the Netherlands, the Federal
Republic of Germany, Italy and Switzerland. At the time of the closing of
the investigation the request addressed to Switzerland remained pending on
one point, with regard to which no positive result was, in the end, obtained,
as the Swiss authorities were of the view (September 1964) that the
professional duty of secrecy imposed on the Zurich bankers in question
conflicted with the disclosure of the information sought. Liechtenstein’s
reply was received in Austria only in June 1964.
Firms under Soviet administration were also involved, especially at the
beginning of the investigation: however, it was impossible to obtain
documents from the Soviet Armed Forces Bank through which settlements
had been effected.
The course of the investigation seems to have been slowed down by the
refusal of one of the accused - Herbert Huber - to make any statement
whatsoever before the Investigating Judge.
On the other hand, the proceedings relating to certain facts or accused
had been severed by reason of their secondary importance (Section 57 (1) of
the Code of Criminal Procedure); these seem to have been later abandoned
(Section 34 (2) of the same code). At the time of the closure of the
preliminary investigation, the number of accused in the case did not exceed
ten.
After 21 January 1963, the date of his last confrontation with Rafael,
Neumeister was not heard again by the Investigating Judge who, during the
same period, interrogated Rafael twenty-eight times (272 pages of minutes)