NEUMEISTER v. AUSTRIA JUDGMENT
35
increased both the severity of the sentence to be expected in the event of his
conviction and the amount of loss for which he could be held responsible
that they must have given him a considerable temptation to abscond and
thereby evade this two-fold - civil and criminal - liability.
The first Austrian decisions found confirmation of this danger of flight in
the fact that Neumeister was said to have continued the preparations for his
trip to Finland after becoming aware of the worsening of his position and
after being informed by the Investigating Judge that permission for the
journey had been refused.
10. The Court finds it understandable that the Austrian judicial
authorities considered the danger of flight as having been much increased in
July 1962 by the greater gravity of the criminal and civil penalties which
Rafael’s new statements must have caused Neumeister to fear.
The danger of flight cannot, however, be evaluated solely on the basis of
such considerations. Other factors, especially those relating to the character
of the person involved, his morals, his home, his occupation, his assets, his
family ties and all kinds of links with the country in which he is being
prosecuted may either confirm the existence of a danger of flight or make it
appear so small that it cannot justify detention pending trial.
It should also be borne in mind that the danger of flight necessarily
decreases as the time spent in detention passes by for the probability that the
length of detention on remand will be deducted from the period of
imprisonment which the person concerned may expect if convicted, is likely
to make the prospect seem less awesome to him and reduce his temptation
to flee.
11. In the present case, Neumeister’s counter-arguments against the
reasons given by the Austrian judicial authorities in justification of his
provisional detention have been summarised above (statement of the the
facts, paras 13, 14, 16 and 18). The Applicant referred, both in his appeals
and also before the Commission, to various circumstances relating to his
settled position in Vienna, which were such as to combat any temptation for
him to flee. His explanations of the alleged continuation of his preparations
for his journey to Finland are confirmed by a study of the documents on the
file and were not contradicted by the Investigating Judge in the course of his
examination by the Commission (statement of the facts, paras 11, 12 and
14).
The Investigating Judge also admitted before the Commission that he
personally did not believe that Neumeister intended to abscond in order to
avoid appearing at his trial (statement of the facts, para. 11). Such a
statement from a judge who, in the course of the long investigation
conducted since 1959, must have become well acquainted with the
Applicant is certainly not without importance.
12. The Court is of the opinion that in these circumstances the danger
that Neumeister would avoid appearing at the trial by absconding was, in