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The Commission adds that in the above criteria it has tried to cover
all the situations of fact that habitually arise in cases concerning
detention on remand, but that the list drawn up by it is by no means
exhaustive as exceptional situations may justify the use of other
criteria.

4. In the present case the Commission has applied the seven criteria
in finding the facts and in evaluating them from the legal point of
view; some of the facts seem to it to be relevant in relation to
several criteria.

5. In the Commission's view, application of the first criterion
points to the conclusion that the length of Neumeister's detention was
excessive.

The Commission considers that the six-months time-limit stipulated in
Article 26 (art. 26) in fine of the Convention precludes it from
expressing any opinion on whether the length of the Applicant's first
period of detention - two months and seventeen days (24 February -
12 May 1961) - was "reasonable". On the other hand, it has considered
the entire period of twenty-six months and four days that elapsed
between 12 July 1962, when Neumeister was re-arrested, and
16 September 1964, when he regained his freedom.

To the Government's contention that the only relevant period of
detention is that previous to the filing of the Application
(12 July 1963) the Commission replies that its work would be defeated
if, in a case like this one, where there is a continuing situation, it
were not competent to consider new facts subsequent to the filing of
an application - which facts could just as easily be favourable to the
respondent State.

6. In the Commission's view, the second criterion by its very nature
relates to the situation facing national authorities at the time of
detention; thus it cannot be applied in retrospect, i.e. in the light
of the sentence passed by the trial judge.

Attempting to form a "tentative opinion" of the sentence to be
expected by the Applicant in case of conviction, the Commission
observes that:

- section 203 of the Criminal Code provides for a sentence of five to
ten years' penal servitude;

- the parties argued before it whether there was any proportion
between the sentences that might be imposed and the damage caused by
each of the accused in this case; but it does not propose to express
any opinion on the matter;
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