European Court: Germany Didn't Violate Rights of Murderer

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European Court: Germany Didn't Violate Rights of Murderer

The European Court for Human Rights has rejected a suit brought forward by convicted murderer Magnus Gaefgen that his human rights were violated by German police.

In a six-to-one decision, the court said Gaefgen, 33, could not argue that he was a victim of torture or inhumane treatment although he had been threatened with torture by police during an investigation into the murder of 11-year-old Jakob von Metzler in September 2002.

There is also no violation of the right to a fair trial, the court said on Monday, June 30, adding that the information obtained through the threat of torture was not used during the proceedings.

Gaefgen was arrested by police after a ransom had been paid in the wake of the kidnapping of Jacob von Metzler, the son of a prominent banker. Investigators thought von Metzler was still alive and a high-ranking Frankfurt police official told one of his subordinates to threaten to inflict pain on Gaefgen if he did not reveal where he was holding the boy.

In reality, Gaefgen had already killed von Metzler.

Gaefgen has been sentence to life imprisonment. He had appealed his case all the way to the German high court, but without success.

European Court: Germany Didn't Violate Rights of Murderer | Europe | Deutsche Welle | 30.06.2008


*Phew* I am glad that the German high court is not on Gäfgen's side.
 
Courts aren't supposed to "take sides." They are supposed to judge the facts and render a decision based on those facts as they apply to the law.
 
Courts aren't supposed to "take sides." They are supposed to judge the facts and render a decision based on those facts as they apply to the law.


Normally the court should be on Human Right's law side but he doesn't. It surprises me.
 
Normally the court should be on Human Right's law side but he doesn't. It surprises me.
Why does it surprise you? A judge is supposed to be impartial and not take "sides."

Do German judges normally take "sides?"
 
Why does it surprise you? A judge is supposed to be impartial and not take "sides."

Do German judges normally take "sides?"

Yes it surprises me because I know human right's law.

It's good thing that the judge see logical on both sides.

 
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