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Between 13 November 1961 and 3 November 1964 the Applicant submitted
41 petitions concerning the conditions of his detention on remand,
16 of which were accepted by the responsible authorities while the
other 25 were refused.

During his detention, he was subjected to disciplinary punishment five
times.

8. The investigation concerned 13 persons. It was conducted by a
member of the Berlin Public Prosecutor's Office and lasted from
9 November 1961 to 24 February 1964 without any important
interruptions. In particular, Wemhoff was interrogated on about
40 occasions.

One of the subjects of the investigation was extremely complex cheque
manipulations of which the defendants were suspected (paragraph 57 of
the Commission's Report). It involved the examination of 169 accounts
at 13 banks in Berlin, 35 banks in West Germany and 8 banks in
Switzerland; the transactions checked totalled 776 million DM.
In the case of the Applicant alone, transactions amounting to
284.2 million DM were involved between 1 August 1960 and
27 October 1961, affecting 53 accounts at 26 banks.

Several dozen witnesses were questioned, both in the Federal Republic
and abroad. In addition some 15 expert opinions were obtained from a
number of auditing firms and accountants and from a retired President
of the Deutsche Bundesbank. The number of workdays amounted to
6,000. The reports of the financial experts alone comprised
1,500 pages.

By the time the charge was preferred the court's records comprised
45 volumes containing some 10,000 pages.

9. On 23 April 1964, the investigation having been completed, the
indictment - a document of 855 pages - was filed with the Regional
Court of Berlin; it was notified to the Applicant on 2 May 1964. It
shows that the Applicant was accused of:

- two cases of prolonged incitement to breach of trust;

- prolonged fraud in one of these two cases;

- one case of prolonged abetment to breach of trust; and

- seven offences under Sections 239 (1) (i) and 241 of the
Bankruptcy Act (Konkursordnung).

The cases of incitement to breach of trust, fraud and abetment to
breach of trust were considered particularly grave ones within the
meaning of Sections 266 (2) and 263 (4) of the German Criminal Code.

10. On the basis of the indictment, the Regional Criminal Court,
on 7 July 1964, replaced the existing detention order by a new one
which stated that Wemhoff was under grave suspicion of having
committed the same acts of incitement to breach of trust and
complicity in breach of trust as well as fraud and two of the seven
offences against the Bankruptcy Act mentioned above.

In connection with the last-named offences the detention order stated
that there were grounds for thinking that in the autumn of 1961
Wemhoff had withdrawn 100,000 DM from an account in his wife's name at
the Banque Commerciale SA, Geneva, and secreted this amount somewhere.
It added that the same was true, at least in part, of a sum of
140,000 DM paid in by Wemhoff in the spring of 1962 to an account kept
by his agent with the "Papenberg-Bank", Berlin.

According to the detention order, there was still a danger that the
applicant would abscond, because of the likely sentence.

11. By an order (Eröffnungsbeschluss) of the Regional Court dated
17 July 1964, the Applicant and eight other accused were committed to
the trial court; the order severed the proceedings against a further
four accused persons from the main proceedings.

The Regional Court found there was reason to think that Wemhoff had
committed the offences described in the detention order of
7 July 1964.

Proceedings on five of the seven acts of bankruptcy of which the
applicant was suspected were severed from the main proceedings; they
were later discontinued (Einstellung) under Section 154 of the German
Code of Criminal Procedure.

12. The Applicant's trial opened on 9 November 1964. In the course
of it he lodged 117 applications for the hearing of witnesses,
covering 230 points. He challenged three judges and four financial
experts on the grounds of partiality. The Regional Court heard
97 witnesses, three medical experts and four financial experts. The
minutes of the hearing totalled nearly 1,000 pages, apart from the
appendices, which comprised about 600 pages.

On 15 February 1965, the Regional Court, acting under Section 154 of
the German Code of Criminal Procedure, discontinued (eingestellt) the
proceedings in those cases of fraud with which the Applicant was
charged that occurred before the beginning of June 1961. On
22 February 1965, it severed from the principal proceedings the two
offences under Section 239 (1) (i) of the Bankruptcy Act for which the
Applicant was still being prosecuted. Some months later the
proceedings relating to these were also discontinued (Section 154 of
the Code of Criminal Procedure).
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