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Right to liberty and right to a fair trial

01 January 1991

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Right to liberty and right to a fair trial
bacdoc September=1992

Stocke v Germany (19.3.91) Series A, Vol 199
European Court of Human Rights

Facts

In Germany, the authorities allowed a police informer to lure a
suspect back into the jurisdiction, notwithstanding the fact that
no lawful extradition would have been possible.

Decision

The court held that there were no breaches of articles 5 (right
to liberty) or 6 (right to a fair trial). It also said that the
establishment of facts is primarily a matter for the commission
and only in exceptional circumstances would the court hear
evidence.

Comment

The court showed a lack of concern for the niceties of
`technical' legal rules, even though article S condones only the
`lawful detention' of suspects `in accordance with a procedure
prescribed by law'.

EC Europe Law Civil liberties

Legal Action, John Wadham (legal officer Liberty)

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