Tag Archive for Gfgen

Niederlage für Kindsmörder Gäfgen

9 December 2011 admin Philips

Darmstadt (dapd). Die Chancen des Kindsm?rders Magnus G?fgen auf einen neuen Prozess schwinden: Das Landgericht Darmstadt teilte am Freitag mit, dass sein Antrag auf Wiederaufnahme des Strafverfahrens zurückgewiesen wurde. Gegen diese Entscheidung habe G?fgens Anwalt bereits Beschwerde eingelegt, sagte ein Sprecher der Darmst?dter Staatsanwaltschaft auf Anfrage. Damit gingen die Akten nun an das Oberlandesgericht Frankfurt. Es sei m?glich, dass dort noch bis zum Jahresende eine Entscheidung getroffen werde.

G?fgen erhofft sich bei seinem Antrag Rückenwind von einer Entscheidung des Stra?burger Gerichtshofs für Menschenrechte: Die Richter hatten vor rund eineinhalb Jahren entschieden, dass die Folterdrohung w?hrend des Polizeiverh?rs nach der Festnahme des heute 36-J?hrigen einen Versto? gegen die Menschenrechtskonvention darstellt. Allerdings befand die Gro?e Kammer damals auch, dass G?fgen gleichwohl ein faires Strafverfahren hatte und der Prozess nicht neu aufgerollt werden muss.

Zu diesem Ergebnis kam jetzt auch das Darmst?dter Landgericht. Die Richter sehen keinen Grund für eine Wiederaufnahme des Prozesses. Das Frankfurter Landgericht hatte G?fgen 2003 wegen Mordes an dem elfj?hrigen Bankierssohn Jakob von Metzler zu lebenslanger Haft verurteilt und die besondere Schwere der Schuld festgestellt. Die Darmst?dter Richter hoben nun hervor, dass die Verurteilung ausschlie?lich auf seinem Gest?ndnis in der Hauptverhandlung beruhte. Seine Aussage gegenüber der Polizei habe das Gericht “ausdrücklich als unverwertbar angesehen”.

Zudem betonte das Gericht, dass sich seither keine neuen Tatsachen ergeben h?tten. Dem Landgericht Frankfurt sei damals das Vorgehen der Polizei nach G?fgens Festnahme bekannt gewesen.

G?fgen hatte 2002 Jakob von Metzler entführt und ermordet. Die Polizei w?hnte den Jungen noch am Leben und drohte G?fgen mit Gewalt, um das Versteck des Kindes zu erfahren. Der damalige Frankfurter Polizeivizepr?sident Wolfgang Daschner wurde wegen der Gewaltandrohung sp?ter zu einer Geldstrafe auf Bew?hrung verurteilt.

Seit seiner Verurteilung zu lebenslanger Haft klagt sich der studierte Jurist G?fgen durch alle Instanzen. Zuletzt hatte er Anfang August vom Frankfurter Landgericht eine Entsch?digung in H?he von 3.000 Euro plus Zinsen zugesprochen bekommen, die ihm das Land Hessen “wegen schwerer Verletzung der Menschenwürde” zahlen muss. Seine Klage auf Schmerzensgeld wurde jedoch zurückgewiesen.

dapd

No comments , ,

Child Gäfgen is in the hope of compensation

10 August 2011 admin Vizio

Compensation for a child: with this application, Magnus G?fgen complete once more the hearing room. On Thursday, the regional court of Frankfurt-on-the-hand will announce either due to threats of torture interrogator compensation and the compensation due to him. A police officer had threatened G?fgen “unimaginable pain”, so that it reveals the whereabouts and of Jacob of Metzler kidnapped by him. The boy was found dead, G?fgen sentenced. Regardless, that the threats of the police were “Inhuman treatment” G?fgens, the European Court of human rights had already discovered last year.

No comments , ,

More than 3000 euros for Kindsmörder Gäfgen compensation

8 August 2011 admin Vizio

The compensation of the State of Hesse, plus interest payable Kindsm?rder Magnus G?fgen 3000 euros. The money is G?fgen because that police in interrogation officers seriously would have injured including human dignity in 2002, when they threaten to torture, the judge of the District Court of Frankfurt am Main decided Thursday. The victims and the police, associations have shown little sympathy for the judgment.

G?fgen was in September 2002, the old Jakob of eleven years of Metzler abducted and killed. He demanded the ransom from their parents. Shortly after the transfer of money, the police arrested; on examination, an official at the instigation of a boss threatened to force him to if it did say not where the boy was. G?fgen then sued the State of Hesse to 10,000 euros in compensation and damages.

Officials had “by the threat of deliberate human dignity intervened in pain”, said the head judge, Christoph stapler Thursday. Higher than this constitutional goods could be, but agree no people “can it be difficult in view of the crime committed by the applicant.

The official had threatened to G?fgen with the administration of a “truth serum” in the examination. Also, a specialist in torture by helicopter will be flown, which cause a G?fgen “unimaginable pain.” These threats were “very exciting”, said Chief Judge. In addition, the police have not only threatened acts, but already the preparations made.

The Court found that the investigator himself gross examination, G?fgen proved unconvincing in the interval. Neither judges proved to look at it, that he now earns 36-J?hrige by mental disorders of hearing. As a result, the G?fgens Court rejected application for compensation or damages.

The representatives of the State of Hesse positive record the verdict Thursday. “I have noted with a note of satisfaction, that the Court has granted damages, or compensation”, the Attorney of the defendant State, said Thomas Kittner. The Court found “no violation of the body and soul” to G?fgen.

The victim support organisation white ring, however, criticized the decision. “Every cent was here too,” said their spokesman Helmut Rüster on the television channel “n24″. “It was”a judgment”that the citizens will not understand.” “The President of the Union of the police, Bernhard Witthaut, argues that the decision should not have the effect,” that the police in situations of interrogation may not more intensively apply. “

G?fgens lawyer Michael Heuchemer described the decision in the television channel “n – tv” as “an important signal for the human rights”. G?fgen and his attorney did not appear to the determination of the sentence.

Counsel submitted a claim of bias in the Tribunal still earlier in the week. He dismissed however the. G?fgens Defender submitted according to the complaint against it. Both sides also announced to review the now rendering judgment of the District Court. Less than a month, they may file an appeal against the decision.

No comments , , ,

Kindsmörder Gäfgen receive compensation more than 3000 euro

8 August 2011 admin Vizio

Row Kindsm?rder Magnus G?fgen must be compensated by the State of Hesse, with 3,000 euros more interests. The payments would be G?fgen, because his dignity during interrogation was seriously injured in 2002, the judge of the Court District of Frankfurt am Main tried Thursday. After 2002 the old Jakob of eleven years of Metzler abducted and killed G?fgen, researcher at the instigation of a boss had threatened “unimaginable pain”, he should not reveal the whereabouts of the boy.

The actions of investigators was a “serious violation” and could be remedied satisfactorily by the payment of compensation, otherwise the President j. Christoph said stapler. The two officers had acted deliberately their threats and not any other way exploited, G?fgen speak to. The Court was G?fgens with his judgment behind the claims, which had claimed the 10,000 euros and compensation for damages because of the threat of torture. Officials that exposing violence G?fgen under interrogation, had been sentenced to fines on parole in 2004.

No comments , , ,

Gäfgen receives compensation of 3000 euros

6 August 2011 admin Vizio

Frankfurt am Main (dapd). The Kindsm?rder of Magnus G?fgen receives compensation from the State of Hesse. The Landgericht Frankfurt am Main, a compensation of 3000 euros more talks of interest in the 36-J?hrigen Thursday “” because of the serious violation of human dignity”.” His action for damages however dismissed the House. The Hessian Interior Minister Boris Rhein (CDU) described the decision as “hardly bearable.” G?fgens lawyer that Michael Heuchemer expressed pleasure. Both parties have not yet decided if they file an appeal.

Chief Judge justified the compensation that G?fgen impose threat not only when the interrogation after his arrest in 2002 pain important, but even the implementation of how conducted. Compensation, an applicant’s health disorder is not mandatory, said stapler. A claim for compensation, however, presupposes a breach of the body or health damage.

The judge noted that it is acted at the threat of violence to a serious violation of human dignity. The right to respect for his dignity could also the offender will be not denied. Therefore the House feel a compensation of € 3 000 plus interest is appropriate, “” as well as for adequate.”"

G?fgen were unable to prove that the official had met and defeated. It also cannot prove that the psychological damage were attributed to the threat of violence, the judge said. On the contrary, the experts were come to the conclusion that a trauma which was already the experience of killing the boy and the collapse of its image of itself based on dreams.

Stapler stressed that also the justification of the threat of force has played an important role. In this case it is not passed a humiliation of the plaintiff. Officials had only to learn that whereabouts of the kidnapped boy can save lives. In fact, Jakob of Metzler was already dead at this time. G?fgen has led the police to the body

“The conduct provocative and unscrupulous for tense nerves applicant Declaration of investigators to the maximum,” said the judge. The threat left no lasting damage with the offender. The costs of the proceedings, the country pays to four fifths of the applicant, one-fifth. The judgment may appeal to the Court of appeal.

The Minister of the Interior of Hesse, said that the decision was difficult to understand. “For me personally it is difficult tolerable, if compensation is granted to a convicted Kindsm?rder.” Since the release of the process of fundamental and unique significance in the history of German law, the Government of the State will be check simply the written judgment and then decide on an appeal.

G?fgens counsel also wanted to put in place yet. He commended expressly of the judgment. “The Court has a symbol, it must be so inclined consequences to human dignity and the prohibition of torture”, Heuchemer said.

dapd/STD.

No comments , , ,

No compensation for Gäfgen

6 August 2011 admin Vizio

Frankfurt am Main (dapd). The Kindsm?rder of Magnus G?fgen receives compensation from the State of Hesse. The regional court in Frankfurt, told 36-J?hrigen 3 000 euros on Thursday. But the judges rejected the claim. G?fgen sued the country because a police officer had threatened violence him after his arrest, to learn the hiding place of the kidnapped son banker Jakob of Metzler.

The police thought at the time the later was still alive, but high risk. In fact, Jakob of Metzler was already dead at the time. G?fgen has led the police to the body.

Student in ancient law, convicted of murder to life imprisonment, the judge also stressed the particular gravity of guilt. In the current procedure, G?fgen requested compensation of 10,000 euros more damages. On the one hand, he founded his application with mental damage he wishes to have suffered by the threat of violence. However, the agent had also shaken and beaten what to do but strongly denied in the process. According to his information, he remained with threats.

G?fgen must bear the greater part of the costs of proceedings under the judgment.

dapd/jh.

No comments ,

Compensation for Kindsmörder Gäfgen criticized the Association victim support

4 August 2011 admin Vizio

The white ring of organization to support victim replied to the Court for compensation for Kindsm?rder Magnus G?fgen convicts with misunderstanding. “It is a judgment that the citizens can understand, not even understand,” the spokesman of the Organization, Helmut said Rüster, Thursday the N24 television station. “.” The regional court of Frankfurt-on-the-hand had awarded compensation of 3000 euros more the interest G?fgen previously, because a 2002 investigator had threatened in the interview with torture. The Court found that of the “serious breach of human dignity.”

No comments , , , , , ,