GÄFGEN v. GERMANY JUDGMENT
5
shoes through woods to where he had left the corpse and, on the orders of
the police, he had had to point out its precise location. The Government
disputed that the applicant had had to walk without shoes.
18. Upon forensic examination of the scene, the police discovered tyre
tracks left by the applicant’s car near the pond near Birstein. Under
questioning by detective officer M. on the return journey from Birstein the
applicant confessed to having kidnapped and killed J. He was then taken by
the police to various other locations indicated by him where they secured
J.’s school exercise books, a backpack, J.’s clothes and a typewriter used for
the blackmail letter in containers. An autopsy carried out on J.’s corpse on
2 October 2002 confirmed that J. had died of suffocation.
19. Having returned to the police station, the applicant was then
permitted to consult his lawyer, En., who had been instructed to act on his
behalf by his mother and who had tried, in vain, to contact and advise the
applicant earlier that morning.
20. In a note for the police file dated 1 October 2002, the deputy chief of
the Frankfurt police, D., stated that he believed that that morning J.’s life
had been in great danger, if he was still alive at all, given his lack of food
and the temperature outside. In order to save the child’s life, he had
therefore ordered the applicant to be threatened by detective officer E. with
considerable pain which would not leave any trace of injury. He confirmed
that the treatment itself was to be carried out under medical supervision. D.
further admitted that he had ordered another police officer to obtain a “truth
serum” to be administered to the applicant. According to the note, the threat
to the applicant was exclusively aimed at saving the child’s life rather than
furthering the criminal proceedings concerning the kidnapping. As the
applicant had disclosed the whereabouts of J.’s body, having been
threatened with pain, no measures had in fact been carried out.
21. A medical certificate issued by a police doctor on 4 October 2002
confirmed that the applicant had a haematoma (7 cm x 5 cm) below his left
collarbone, skin lesions and blood scabs on his left arm and his knees and
swellings on his feet. A further medical certificate dated 7 October 2002
noted that, following an examination of the applicant on 2 October 2002,
two haematomas on the left-hand side of the applicant’s chest of a diameter
of around 5 cm and 4 cm were confirmed, together with superficial skin
lesions or blood scabs on his left arm, his knees and his right leg and closed
blisters on his feet. According to the certificate, these discreet traces of
injuries indicated that the injuries had been caused a few days before the
examination. The precise cause of the injuries could not be diagnosed.
22. During subsequent questioning by the police on 4 October 2002, by
a public prosecutor on 4, 14 and 17 October 2002, and by a district court
judge on 30 January 2003 the applicant confirmed the confession he had
made on 1 October 2002.