Monday, 21 November 2011

l Court alleging unlawful arrests in Bavaria

"No urgent suspicion"
Federal Constitutional Court alleging unlawful detention in Bavaria

Dismissed after trial detainees have a decision by the Federal
Constitutional Court's right to effective legal protection. You could
leave it later in court, whether suffered by the pre-trial detention
"unlawful from the beginning" was, says the decision published on
Wednesday. Those who deny them such a determination, violates the
fundamental right of freedom into which the pre-trial detention
engaging "serious".

The Karlsruhe judges gave instead of the constitutional complaint of a
man who initially suspected of forming a criminal organization and
therefore from 31 Taken in October 2003 was in custody. In his
complaint, the Bavarian State Supreme Court overturned some six months
later on 27 April 2004, the unlawful arrest warrant on the grounds
that there had been no urgent suspicion. Then he was released from

The man applied to the determination that the warrant has been at the
time of its adoption was illegal. The Bavarian Higher Regional Court
stated only that the warrant at the time of filing an appeal against
detention of 20 February 2004 was unlawful. A "complete control" of
the conditions for the warrant was not necessary.

The Federal Constitutional Court saw it as no effective legal
protection and emphasized the "rehabilitation of interest" of the
plaintiff. The matter was referred back to the Bavarian Higher
Regional Court.

No comments:

Post a Comment