Information Note on the Court’s case-law No.
March 1991
Stocke v. Germany - 11755/85
Judgment 19.3.1991
Article 5
Article 5-1
Lawful arrest or detention
Procedure prescribed by law
Arrest and detention of person who claimed to have been victim of collusion between German authorities and a German police informer for purpose of bringing him back to the Federal Republic of Germany against his will: no violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
Under Convention the establishment and verification of facts primarily a matter for Commission – only in exceptional circumstances will Court use its powers in this area – applicant's request for five witnesses to be called, four of whom had not been heard by the Commission, refused.
Co-operation extending to unlawful activities abroad: not established – unnecessary to examine, as Commission did, whether, if it had been otherwise, applicant's arrest would have violated Convention.
Conclusion: no violation (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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