42
NEUMEISTER v. AUSTRIA JUDGMENT
DISSENTING OPINION OF JUDGE HOLMBÄCK
DISSENTING OPINION OF JUDGE HOLMBÄCK
As the Court has stated in the Judgment, the period to be taken into
consideration for verifying whether or not the reasonable time referred to in
Article 6 (1) (art. 6-1) has been observed in the Neumeister case began on
23 February 1961. Then, as the hearing in the case was opened on 9
November 1964 the period lasted for more than three years and eight
months. In my opinion that period was too long and therefore I agree with
the Commission (Report of 27 May 1966, six votes with the President’s
casting vote to six) that Article 6 (1) (art. 6-1) was violated in the case. On
18 June 1965 the trial was adjourned and the case returned to the
Investigating Judge. The trial was resumed before the court on 4 December
1967. The material brought before the Court is, in my view, not sufficient
for an opinion to be formed as to whether this further delay also implies a
violation of Article 6 (1) (art. 6-1) of the Convention.