Case of Gäfgen v. Germany
European Court of Human Rights
Application No. 22978/05 (2010)
- Written by Mary Katherine Cunningham, JD
Facts
In September 2002, Magnus Gäfgen (defendant) lured a child, J, into his apartment in Frankfurt am Main, Germany. Gäfgen suffocated J and hid his body under a jetty. After Gäfgen sent J’s parents a ransom note, the police arrested Gäfgen when he collected the ransom. A police officer, M, informed Gäfgen about his right to remain silent and his right to consult a lawyer. In October 2002, Gäfgen underwent a police interrogation about the whereabouts of J. After speaking with his lawyer, Gäfgen told the police J was hidden by a lake. After a break in the interrogation, deputy police chief D ordered police officer E to threaten Gäfgen with physical pain to force Gäfgen to reveal J’s location. E complied with D’s order, threatening Gäfgen with physical harm if he did not reveal J’s location. Gäfgen asserted that E also physically assaulted him, which the German government (plaintiff) disputed. Gäfgen then disclosed the whereabouts of J’s body. After police found the body, Gäfgen confessed to M about the kidnapping and murder of J. In April 2003, Gäfgen sought to discontinue his trial for the kidnapping and murder of J on the basis of the interrogation conducted by D and E. Gäfgen argued that the interrogation had breached his rights under Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). In July 2003, the regional court convicted Gäfgen of kidnapping and murder and sentenced him to life imprisonment. The regional court based the verdict on a confession Gäfgen had made during trial related to the planning and commission of the crime. The Germany Federal Constitutional Court upheld the regional court on appeal. In June 2005, Gäfgen filed an application under Article 3 of the convention, arguing that the interrogation by E violated his right to be free from torture.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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