JALLOH v. GERMANY JUDGMENT
1
In the case of Jalloh v. Germany,
The European Court of Human Rights, sitting as a Grand Chamber
composed of:
Luzius Wildhaber, President,
Christos Rozakis,
Nicolas Bratza,
Boštjan M. Zupančič,
Georg Ress,
Giovanni Bonello,
Lucius Caflisch,
Ireneu Cabral Barreto,
Matti Pellonpää,
András Baka,
Rait Maruste,
Snejana Botoucharova,
Javier Borrego Borrego,
Elisabet Fura-Sandström,
Alvina Gyulumyan,
Khanlar Hajiyev,
Ján Šikuta, judges,
and Lawrence Early, Section Registrar,
Having deliberated in private on 23 November 2005 and on 10 May
2006,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case originated in an application (no. 54810/00) against the
Federal Republic of Germany lodged with the Court under Article 34 of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by a Sierra Leonean national, Mr Abu Bakah Jalloh
(“the applicant”), on 30 January 2000.
2. The applicant was represented by Mr U. Busch, a lawyer practising in
Ratingen. The German Government (“the Government”) were represented
by their Agent, Mr K. Stoltenberg, Ministerialdirigent, and, subsequently,
Mrs A. Wittling-Vogel, Ministerialdirigentin.
3. The applicant alleged, in particular, that the forcible administration of
emetics in order to obtain evidence of a drugs offence constituted inhuman
and degrading treatment prohibited by Article 3 of the Convention. He
further claimed that the use of this illegally obtained evidence at his trial
breached his right to a fair trial guaranteed by Article 6 of the Convention.