The European Convention on Human Rights (ECHR) and the case-law of the European Court of Human Rights (ECtHR) influence the German legal system to a remarkable extent. In order to illustrate the impact of the Court's jurisprudence on German police law in particular, the present article will shed a light on the cases of Schwabe and M.G. v. Germany (no. 8080/08 and 8577/08) as well as Ostendorf v. Germany (no. 15598/08). These cases related to the question whether police custody-carried out for the mere purpose of preventing someone from committing a criminal offence-can be considered as compatible with the guarantees of the Convention, especially with the right to liberty and security as laid down in Article 5 § 1 ECHR. Since the Convention only allows deprivation of liberty in a strictly limited number of cases listed in Article 5 § 1 (2) ECHR, the Court had to undertake a detailed assessment of the eligible provisions and, thereby, give an answer to an ongoing controversy. Moreover, by refining its previous jurisprudence, the ECtHR did establish general human rights standards for purely preventive detention as governed by German police law. Therefore, the author will outline the Court's finding and, subsequently, examine the implementation of the requirements set out by the ECtHR into German law.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.