1. Does the measure fall within the scope of art. 3 ECHR? (gafgen + Jalloh)
b. Health risk involved
c. Manner in which the treatment is administered
d. Medical supervision available
e. Effects on the suspect’s health
2. If the measure doesn’t fall within the scope : It was legally obtained / If the measure does fall within the scope : Check if the fair as a whole remains fair nonetheless for the purpose of art. 6 ECHR (Jalloh
a. Was the evidence decisive?
b. Was there an intention to inflict pain?
c. Was the defense given an opportunity to challenge?
d. Was the measure undertaken in the interest of the public?
• Note : If the measure is considered as torture – There is an automatic violation of the right to a fair trial under art. 6 ECHR
I don't think so unfortunately (because damn all that case law on the table is gonna be a mess). I mainly did that so that I could have an overview of the relevant part of each case, and to try to remember as many as possible dissensus so that I do not lose time looking for which case and then which relevant part is what I need to answer the question (which is what my tutor advised us to do)
The hearing in which the decision is made about the bewaring must take place
within three days and fifteen hours after the arrest. At this hearing the investigative judge also checks the legality of the arrest (Article 59a CCP) - That's the exact sentence in the reader, but you are right tho the article in the Maas Collection says 18 hours - I should've doubled checked! So sorry about that!
The missing part was only: "that is not bound by the agreement"
§92: sufficient judicial review (of both the content of the agreement and the
fairness of the procedure), important that the court makes its own assessment of the fairness and that it is not bound by the agreement
Excellent summary literally saves a lot of time and effort . 1 correction only at the WEEK 4 - Pre-trial detention at the section "DETENTION ON REMAND & DANGER OF ABSCONDING. You included the fact that it cannot be due to the risk of imprisonment. I just happen to read the materials and there is a bonus case named Stögmuller which essentially holds that it can be possible BUT in order for that to happen there need to be a whole set of circumstances indicating that the consequences and hazards that the suspe