18
NEUMEISTER v. AUSTRIA JUDGMENT
the complaints based on paragraphs 1 (c) and 2 of Article 5 (art. 5-1-c, art.
5-2) of the Convention, but declared the Application admissible in so far as
it was based on Articles 5 (3), 5 (4) and 6 (1) (art. 5-3, art. 5-4, art. 6-1)
("reasonable time" and "equality of arms"); it did not consider it necessary
to pronounce upon the alleged violation of Article 6 (3) (art. 6-3) as the
Applicant had not pursued this point.
29.
Following the decision declaring admissible a part of the
Application, a Sub-Commission ascertained the facts of the case and
unsuccessfully sought a friendly settlement (Articles 28 and 29 of the
Convention) (art. 28, art. 29).
30. Invoking Article 5 (3) (art. 5-3), the Applicant maintained before the
Commission and the Sub-Commission that his detention on remand had
lasted longer than was reasonable. In support of his contention he repeated
many of the arguments he had put forward before the Investigating Judge,
the Judges’ Chamber and the Court of Appeal of Vienna (see above). He
also claimed that his second detention could be justified neither by the
statements made about him by Lothar Rafael early in 1962 nor by the fact
that Walter Vollmann had absconded; in particular he pointed out that
Rafael’s extradition (on 21 December 1961) had taken place more than six
months before his own re-arrest (on 12 July 1962). According to the
Applicant the position seemed in fact to be very much more in his favour at
the time he lodged his Application (on 12 July 1963) than when he was first
released (on 12 May 1961), this being due largely to his acquittal on 29
March 1963 in the Customs fraud case and the substantial reduction in the
amount of the loss for which he was said to be responsible in the case
against Rafael and others. The competent legal authorities were said to
have disregarded this change for the better by prohibiting the Applicant
from going to Finland again, by ordering his arrest and by refusing for a
long time to release him either on parole, as in 1961, or even against
adequate security. Neumeister also complained that they had delayed in
obtaining information on his means before fixing the amount of bail; he
maintained that Article 5 (3) (art. 5-3) in fine of the Convention precluded
the stipulation of such a large amount of bail that the prisoner’s release
became impossible in practice. He further alleged - while protesting his
innocence - that the length of his detention was out of proportion to the
sentence he could expect if he were convicted: according to him, the
sentence could not exceed twenty months, or at the most two years on the
extreme hypothesis that the principal accused, Lothar Rafael, received the
maximum provided by law. Without disputing the difficulties of the
investigation, Neumeister remarked that the most complicated part of it
concerned a textiles case with which he had nothing whatever to do; he
added that the Investigating Judge had not heard him since 21 January 1963.
His detention on remand was said to have caused him grave moral harm and
material loss and greatly hampered the preparation of his defence.