Violation of Consular Rights
am 01.03.2008 von German American Law Journal :: American Edition
CK - Washington. The ICJ LeGrand decision against the United States provided the German Supreme Court, Bundesgerichtshof, with an opportunity to explore the remedies available to compensate for evidence obtained from foreigners before they received advice on their right to consular notification. German customs agents had interrogated appellants crossing the border and explained their Miranda-type rights through an interpreter. In the arraignment proceeding and after appellants had made statements relating to a violation of narcotics laws, the judge advised the appellants of their right of consular notification under article 36 of the Vienna Convention on Consular Relations of 1963. The appellants waived notification and continued to make statements. The resulting criminal conviction was based in part on their statements. An appeal to the Supreme Court followed.
In the matter 3 StR 318/07, the court noted that the failure to advise appellants of their treaty right--as soon as the customs agents realized appellants were foreigners--was inexcusable. It examined the treaty obligations and remedies for the use of the poisonous fruit in the criminal case, especially in light of the Avena and LeGrand decisions of the …
Consular Notification: Deference
German American Law Journal :: American Edition / CK - Washington. A thoughtful analysis, Germany and the United States: Exploring a Transatlantic Divide in Search of a Uniform Interpretation of Consular Rights, by Carsten Hoppe lays out the differences between the United States and German c…
Remedy Effectively Waived
German American Law Journal :: American Edition / CK - Washington. A criminal defendant can effectively waive all rights to an appeal and is then barred from a review by the Supreme Court in Karlsruhe, that court decided in the matter 2 StR 533/07 on December 6, 2007 in applying §349(I)…
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Transblawg / The decision of the Federal Constitutional Court of 14th October 2004, which was widely commented on in the press - it deals with how far German courts are obliged to enforce decisions of the European Court of Human Rights -...…
Danish Cartoon Case to be Judged by United Nations
Law & Justice / Whereas Denmarks Director of Public Prosecutions had recently decided not to press criminal charges against Jyllands-Posten, the Danish newspaper that first published the twelve cartoons (see them here, halfway down the page), 27 Danish Muslim organi…
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Transatlantic Testament
German American Law Journal :: American Edition / CK - Washington. Recht-in.de published a recent decision, IV ZR 135/03, dated July 7, 2004, by the German Supreme Court on the validity of a holographic will made by a German testator with respect to real estate in Florida. The last will does…
Extradition Stopped
German American Law Journal :: American Edition / SWM - Berlin. The German Constitutional Court, Bundesverfassungsgericht, stopped the extradition of German citizen Mamoum D. to Spain. D. is suspected of supporting terroristic groups, including Al Quaida, since the late nineties. Most of the…
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