40
NEUMEISTER v. AUSTRIA JUDGMENT
addition, the provision in question also lays down that such remedies must
be determined "speedily" (the French text uses the somewhat less expressive
term "à bref délai"). This clearly indicates what the main concern must be
in this matter. Full written proceedings or an oral hearing of the parties in
the examination of such remedies would be a source of delay which it is
important to avoid in this field.
25. For these reasons the Court finds that the procedure followed by the
Austrian courts in examining the Applicant’s requests for provisional
release has contravened neither Article 5 (4) (art. 5-4) nor Article 6 (1) (art.
6-1) of the Convention.
FOR THESE REASONS, THE COURT
Holds unanimously that there has been a breach of Article 5 (3) (art. 5-3) of
the Convention;
Holds by five votes to two that there has been no breach of Article 6 (1) (art.
6-1) of the Convention as regards the length of the proceedings against
the Applicant;
Holds unanimously that there has been no breach of Article 5 (4) (art. 5-4)
or Article 6 (1) (art. 6-1) of the Convention as to the procedure followed
in examining the requests for provisional release lodged by F.
Neumeister; and
Decides, accordingly, that the facts of the case disclose, on one of the three
points at issue, a breach by the Republic of Austria of its obligations
arising from the Convention.
Done in French and in English, the French text being authentic, at the
Human Rights Building, Strasbourg, this twenty-seventh day of June, one
thousand nine hundred and sixty-eight.
H. ROLIN
President
M.-A. EISSEN
Deputy Registrar
on behalf of the Registrar