Thursday 17 March 2011

Case Note to Gäfgen v Germany in International Legal Materials

I have just posted on SSRN my introductory case note to the European Court's Grand Chamber judgment in the case of Gäfgen v Germany, on which I posted earlier here, as it was published in the International Legal Materials of the American Society of International Law (volume 49, no. 6, 2010). This is the abstract:

This case note introduces and contextualises the key aspects of the European Court of Human Rights Grand Chamber judgment in the case of Gäfgen v Germany, in which several violations of the ECHR were found. The case concerned the threat of torture by police officers when questioning a suspect and the role this played in the ensuing trial. Also relates to the issue of 'fruit of the poisonous tree'.