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Wrongful Imprisonment for Fraud Compensation Case
Published online by Cambridge University Press: 01 January 2021
Abstract
Treaties — Interpretation of — Principles and rules of interpretation — Interpretation by reference to corresponding terms contained in municipal law of contracting States — European Convention on Human Rights, 1950, Article 5 — The law of the Federal Republic of Germany
The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 5 — Right to liberty and security of person — Detention on remand — Whether unlawful detention creates right to compensation under Article 5 (5) — Whether detention on remand included in permissible exceptions under Article 5 (1) (c) — Interpretation of terms in Convention by reference to concepts contained in municipal law — Interpretation of Article 5 (1) (c) as one unit together with Article 5 (3) — Whether lawfulness of detention for purposes of Convention to be decided according to municipal law — Whether reasonable suspicion that a person has committed an offence sufficient on its own to justify deprivation of liberty under Article 5 (1) (c) — Conviction and sentence — Accused serving part of one-year prison sentence and subsequently acquitted in fresh trial — Original conviction and sentence which were objectively wrong — Whether right to compensation under Article 5 (5) where facts before the court at the time justified conviction and sentence — Whether any right to compensation under Article 5 (5) where judgment and sentence have become final under municipal law — The law of the Federal Republic of Germany
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