8
NEUMEISTER v. AUSTRIA JUDGMENT
that it was therefore unnecessary to examine the amount of the security
proposed.
Neumeister challenged this decision on 15 January 1963. In addition to
the arguments expounded in his request of 23 July 1962 and in his appeal of
4 August 1962, he pointed out:
- that the amount of the loss wrongfully attributed to him in his view, had
decreased considerably, from more than forty million schillings (24
February 1961) to a little more than eleven and a half million (12 May
1961) and was later to fall to 6,748,510 schillings (decision of 27 December
1962);
- that certain persons detained in connection with other more important
cases had recovered their freedom against the deposit of security;
- that he had never sought to abscond, for instance between his release
(12 May 1961) and his second arrest (12 July 1962), and, more especially,
by taking advantage of his stay in Finland;
- that only a few hours had elapsed between his appearance before the
Investigating Judge, on the morning of 12 July 1962 and his arrest;
- that this brief interval of time had not left him any real possibility of
annulling the preparations for his journey, preparations which in any case he
did not wish to forgo without attempting one last approach to the Public
Prosecution;
- that he had already undergone more than nine months’ detention on
remand (24 February 1961-12 May 1961 and 12 July 1962-15 January
1963), another factor which, in his opinion, argued against the danger of
flight;
- that all his professional and family interests were centred around
Vienna where, moreover, his wife had just opened a ladies’ ready-made
dress shop.
The Court of Appeal of Vienna rejected the appeal on 19 February 1963.
Referring to its decision of 10 September 1962, it observed that the situation
had not changed in a way favourable to Neumeister since then. It was true
that the amount of loss attributed to him had diminished, but this sum did
not include that for which he might be held responsible in a case concerning
the sham export of machines (Kreisverkehr der Textilien der Firma
Benistex). Moreover, it had not decreased to such a point as to be of
decisive influence on the sentence which Neumeister would have to
anticipate in the event of conviction. From this the Court concluded that the
danger of flight remained so great that even the possible supplying of
guarantees could not be considered (indiskutabel ist) and that such
guarantees could in no way eliminate this danger.
15. Four weeks earlier, more precisely on 21 January 1963, the
Investigating Judge had proceeded to another confrontation between Rafael
and Neumeister who had substantially confirmed their respective statements
of 10 and 11 July 1962. According to the Applicant the confrontation lasted