34 NEUMEISTER v. AUSTRIA JUDGMENT account in assessing the reasonableness of his later detention. Moreover it is observed that the Austrian Government has accepted that the period spent by Neumeister in detention after his second arrest, on 12 July 1962, should be taken into account by the Court, although his Application was filed with the Commission more than six months after the final decision on his first request for provisional release. 7. The Austrian Government, however, has argued that the Court could not consider Neumeister’s detention subsequent to 12 July 1963, the day on which he filed his Application, as the Application could relate only to facts that had taken place before this date. The Court considers it cannot accept this view. In his Application of 12 July 1963 Neumeister complained not of an isolated act but rather of a situation in which he had been for some time and which was to last until it was ended by a decision granting him provisional release, a decision which he sought in vain for a considerable time. It would be excessively formalistic to demand that an Applicant denouncing such a situation should file a new Application with the Commission after each final decision rejecting a request for release. This would pointlessly involve both the Commission and the Court in a confusing multiplication of proceedings which would tend to paralyse their working. For these reasons, the Court has found that it must examine Neumeister’s continued detention on remand until his provisional release on 16 September 1964. 8. What strikes one first when examining the circumstances surrounding Neumeister’s second detention is that, while his arrest on 12 July 1962 had been provoked by the recent statements of his co-accused Rafael, the Applicant, who had already been the subject of a long investigation, was not interrogated again during the fifteen months which elapsed between his second arrest (12 July 1962) and the close of the investigation (4 November 1963). On 21 January 1963, it is true, he was confronted with Rafael, but this confrontation, which was interrupted after a few minutes, was not recommenced, contrary to what was to be inferred from the minutes. Such a state of affairs called for particular attention on the part of the judicial authorities when examining the applications which Neumeister made to them with a view to obtaining his release pending trial. 9. The reason invoked by the authorities to justify their rejection of the applications for release was that mentioned in the arrest warrant of 12 July 1962, namely the danger that, by absconding, Neumeister would avoid appearing before the court that was to try him. In the view of the judicial authorities, this danger resulted from the anxiety which must have been caused to Neumeister by the statements made by his co-accused Rafael during his interrogations in January 1962 and his confrontations with Neumeister on 10 and 11 July 1962; these had, they argued, to such an extent aggravated the case against the accused and