Saturday, June 5, 2010

Threaten torture to save your child's life?

First question: Your 11 year old child has been kidnapped. The kidnapper(s) threatens your child's life if a ransom is not paid. You have a suspect in your custody who you have good grounds to believe knows the whereabouts of your child. Would you threaten to torture the suspect in order to cause him to disclose the location of your child? Would you carry out your threat?

Second question: You later discover that your child is dead. The suspect has been convicted of your child's murder. Evidence (e.g., location of body, corpse, etc.) that was obtained as a result of your threat of torture was admitted into the criminal trial and was available for the court to rely on to find the accused guilty of murder. Did the admission of this "tainted" evidence render the trial unfair? If so, is the suspect/accused/murderer entitled to a remedy? If so, what remedy?

Facts and questions similar to these were considered by a Grand Chamber of the European Court of Human Rights (sitting in Strasbourg, France) on 1 June 2010. See this press release on Gäfgen v. Germany for a summary of the Court's judgment.

No comments:

Post a Comment