6
JALLOH v. GERMANY JUDGMENT
Verkennung von Bedeutung und Tragweite des Grundrechts des Art. 2
Abs. 2 Satz 1 GG zu verhindern).
30. It further stated that the administration of emetics did not give rise to
any constitutional objections of principle either with respect to human
dignity protected by Article 1 § 1 of the Basic Law or the principle against
self-incrimination guaranteed by Article 2 § 1 read in conjunction with
Article 1 § 1 of the Basic Law.
II. RELEVANT DOMESTIC, COMPARATIVE AND INTERNATIONAL
LAW AND PRACTICE
1. Domestic law and practice
(a) The Basic Law
31. Article 1 § 1 of the Basic Law reads as follows:
“The dignity of human beings is inviolable. All public authorities have a duty to
respect and protect it.”
32. Article 2, in so far as relevant, provides:
“1. Everyone shall have the right to the free development of their personality
provided that they do not interfere with the rights of others or violate the
constitutional order or moral law [Sittengesetz].
2. Every person shall have the right to life and physical integrity. ...”
(b) The Code of Criminal Procedure
33. Article 81a of the Code of Criminal Procedure, in so far as relevant,
reads as follows:
“1. A physical examination of the accused may be ordered for the purpose of
establishing facts of relevance to the proceedings. To this end, blood samples may be
taken and other bodily intrusions effected by a doctor in accordance with the rules of
medical science for the purpose of examination without the accused’s consent,
provided that there is no risk of damage to his health.
2. Power to make such an order shall be vested in the judge and, in cases in which
delay would jeopardise the success of the examination, in the public prosecutor’s
office and officials assisting it ...”
34. Article 136a of the Code of Criminal Procedure on prohibited
methods of interrogation (verbotene Vernehmungsmethoden) provides:
“1. The freedom of the accused to make decisions and to manifest his will shall not
be impaired by ill-treatment, induced fatigue, physical interference, the administration
of drugs, torment, deception or hypnosis. Coercion may be used only in so far as it is
permitted by the law on criminal procedure. Threatening the accused with measures