Article contents
Stocké v. Federal Republic of Germany
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Liberty and security of the person — German national resident in France tricked into re-entering Germany by police informant — Whether arrest, conviction and detention in accordance with procedure “prescribed by law” — Whether exercise of jurisdiction by German courts in circumstances of arrest constituting unfair trial — European Convention on Human Rights, 1950, Articles 5(1) and 6(1)
Jurisdiction — Human rights instrument — European Convention on Human Rights, 1950 — Application of Convention to individuals under authority and responsibility of States Parties — Application of Convention to nationals of States Parties
Relationship of international law and municipal law — In general — International restrictions upon the exercise of power by one State in the territory of another — German national returned to Germany against his will by police informant — Alleged violation of European Convention on Human Rights, 1950 — Whether evidence of State involvement — Whether exercise of jurisdiction over individual by German courts violating Convention
State responsibility — For acts of agents — German national returned to Germany against his will — Alleged collusion between State authorities and private individual — State responsible for acts of private individual acting de facto on its behalf — Relevance of consent of State of residence — Whether collusion between State authorities and private individual
Treaties — Application — European Convention on Human Rights, 1950 — German national resident in France tricked into re-entering Germany by police informant — Absence of claim by France for reparation irrelevant to individual’s rights under Convention — Alleged State involvement — Whether sufficient evidence of violation of Convention by State
Keywords
- Type
- Case Report
- Information
- Copyright
- © Cambridge University Press 1994
- 1
- Cited by