10 NEUMEISTER v. AUSTRIA JUDGMENT - the same judge had been in error in minimising the importance of the reduction of the loss attributed to Neumeister, a reduction which might very well continue in the future; - he had not based his decision on facts, but merely on presumptions concerning the effects of Rafael’s assertions on Neumeister’s state of mind (Seelenzustand). Neumeister further emphasised: - that he was prepared to deposit with the court his identity papers and his passport; - that he had no means whatsoever of supporting his family abroad; - that in any case flight would be senseless for a man of his age, all the more so since, in the case of his being extradited, he ran the risk of not benefiting from the period of his detention on remand being calculated as part of his possible sentence (allusion to Section 55 (a) in fine of the Criminal Code). The Judges’ Chamber dismissed the appeal on 8 August 1963. Referring to the decision which was being attacked and to those which had preceded it, in substance it observed: - that Rafael’s statements were confirmed by a number of factors (originals of letters, accountable receipts, statements of account, witnesses’ testimony, etc.); - that the confrontation between Rafael and Neumeister in July 1962 had considerably worsened the latter’s position and that the Investigating Judge was correct in attaching importance to the effects which it could not fail to have upon the morale of the Applicant; - that, in these circumstances, the possible supplying of guarantees could not be considered (indiskutabel ist) and could in no way eliminate the danger of flight. On 20 August 1963, Neumeister lodged an appeal against this decision with the Vienna Court of Appeal. His complaints were substantially the same as those which he had formulated on 5 August 1963. He also charged the Judges’ Chamber with not having specified the contents of the documents supposed to corroborate Rafael’s accusations, with having ignored the question of whether he, Neumeister, was aware of these documents, and with having overlooked the fact that more than six months had passed since the last decision of the Court of Appeal (19 February 1963). He also pointed out that he could easily have absconded, had he so wished, in the interval between his confrontation with Rafael and his arrest. The Court of Appeal was not called upon to decide the question, however: Neumeister withdrew his appeal on 11 September 1963 without giving any reasons for so doing. 17. On 16 September 1963, Neumeister’s elder daughter filed with the Ministry of Justice a petition which sought her father’s release; she offered security of one million schillings.