CEDH · PRESS;FORTHCOMINGJUDGMENTS;ENG — 6 juillet 2006

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   406 6.7.2006   Press release issued by the Registrar   FORTHCOMING GRAND CHAMBER JUDGMENT JALLOH v. GERMANY   11 July 2006   The European Court of Human Rights will be holding a public hearing in the Human Rights Building, Strasbourg, on Tuesday 11 July 2006 at 2.30 p.m. (local time) to deliver the Grand Chamber judgment in the case of Jalloh v. Germany (application no. 54810/00).   The press release and the text of the judgment will be available after the hearing on the Court’s Internet site ( http://www.echr.coe.int ).     Jalloh v. Germany   The case concerns an application brought by Abu Bakah Jalloh, a national of Sierra Leone, who was born in 1965 and lives in Cologne (Germany).   On 29   October 1993, plain-clothes policemen spotted the applicant taking two small bags out of his mouth and handing them over for money. Considering that the bags contained drugs, the police officers went over to arrest the applicant.   While they were doing so he swallowed another small bag that he still had in his mouth. As no drugs were found on him, the competent public prosecutor ordered that he be given an emetic ( Brechmittel ) to force him to regurgitate the bag.   The applicant was taken to a hospital in Wuppertal-Elberfeld, where the police officers held him down while a doctor put a tube up his nose and administered a salt solution and Ipecacuanha syrup by force. The doctor also injected him with apomorphine, a derivative of morphine. As a result the applicant regurgitated a small bag of 0.2182 g of cocaine.   On 30   October 1993 the applicant was placed in detention on remand until 23   March 1994. He was tried before Wuppertal District Court, which convicted him of drug trafficking and gave him a one-year suspended prison sentence.   The applicant’s lawyer had submitted that the evidence against Mr Jalloh had been obtained illegally and so could not be used in the criminal proceedings. He maintained that the police officers and the doctor who had participated in the operation were guilty of having caused bodily harm in the exercise of official duties ( Körperverletzung im Amt ). The administration of toxic substances was prohibited by Section   136a of the Code of Criminal Procedure ( Strafprozeßordnung ) and the measure was also disproportionate under Section   81a of the Code of Criminal Procedure, as it would have been possible to obtain the same result by waiting until the bag had been excreted naturally.   The applicant appealed unsuccessfully, although his prison sentence was reduced to six-months, suspended. His further appeal was dismissed.   The Federal Constitutional Court refused to admit the applicant’s constitutional complaint, finding that he had not made use of all available remedies before the German criminal courts. The court also found that the measure in question did not give rise to any constitutional objections concerning the protection of human dignity or prevention of self-incrimination, as guaranteed under German Basic Law.   The applicant complains that an emetic was administered to him by force and about the use of evidence thus obtained – in his view illegally – in the criminal proceedings leading to his conviction. He claims that his right not to incriminate himself was violated. He relies on Article   3 (prohibition of inhuman and degrading treatment), Article 6 (right to a fair trial) and Article 8 (right to respect for private life) of the European Convention on Human Rights.   The application was lodged before the European Court of Human Rights on 30 January 2000 and declared partly admissible on 26 October 2004.   On 1 February 2005, the Chamber to which the case had been allocated, relinquished jurisdiction in favour of the Grand Chamber, under Article 30 [1] of the Convention. A Grand Chamber hearing took place in the Human Rights building, Strasbourg on 23 November 2005.   ***   Press Contacts   Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Beverley Jacobs (telephone: 00 33 (0)3 90 21 54 21)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.