Neumeister Case.

Abstract

The individual in international law — Human rights and freedoms — European Convention for Protection of — Article 5 (3) (right to trial within a reasonable time or to release pending trial) — Determination of reasonableness of period of detention — Relevant factors — Whether guarantees in respect of release may be fixed by reference solely to amount of loss imputed to accused — Criteria for assessment of amount — Article 6 (1) (right to hearing within a reasonable time) — Whether relevant period runs from date of laying of charges until judgment, including decisions on appeal, on the merits — Whether lapse of seven years from laying of charges an unreasonable period in a complex case — Articles 5 (4) and 6 (1) (right to take proceedings and right to fair trial) — Principle of equality of the parties — Decisions on detention on remand — Whether accused and legal representatives have a right to be present — Distinction between “determination of a criminal charge” and “request for provisional release”.