32
JALLOH v. GERMANY JUDGMENT
122. Having regard to the foregoing, the Court would also have been
prepared to find that allowing the use at the applicant’s trial of evidence
obtained by the forcible administration of emetics infringed his right not to
incriminate himself and therefore rendered his trial as a whole unfair.
123. Accordingly, there has been a violation of Article 6 § 1 of the
Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
124. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
125. The applicant claimed compensation for pecuniary and
non-pecuniary damage and the reimbursement of his costs and expenses.
A. Damage
126. The applicant claimed a total of 51.12 euros (EUR) in pecuniary
damage, this being the amount he had forfeited as a result of the judgment
of the Wuppertal Regional Court. He also sought compensation for
non-pecuniary damage. He made reference to his physical injuries and the
mental distress and feelings of helplessness he had suffered as a result of the
lengthy administration of emetics, which he considered to have been
life-threatening and obviously illegal. Furthermore, he had been remanded
in custody for five months before being convicted and given a six-month
suspended prison sentence and probation because of this illegal measure. He
claimed a minimum amount of EUR 30,000 under this head.
127. The Government did not comment on the applicant’s claim for
pecuniary damage, but maintained that the sum claimed by him for
non-pecuniary damage was excessive. As regards the damage allegedly
sustained due to the applicant’s pre-trial detention, his prosecution and
conviction, an award of compensation was not required since full reparation
could be made under German law. Should the Court find violations of the
applicant’s Convention rights, he would be entitled to request the reopening
of the criminal proceedings and could, if acquitted, claim damages, notably
for the period he had spent in custody.
128. As regards the pecuniary damage claimed, the Court notes that the
Wuppertal Regional Court ordered the forfeiture of 100 German marks
(approximately EUR 51.12), this being the proceeds of the offence of which
he had been found guilty. However, it cannot speculate as to what the
outcome of the proceedings might have been if the violation of the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents