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.

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