Local and current news.
Back to Blog
No Violation of Article 6 After Evidence Found in Unlawful Search Used Against Man, Strasbourg Rules
The European Court of Human Rights (ECHR) has ruled the article 6 right to a fair trial of a German man was not violated after he complained that evidence found coincidentally during an unlawful house search had been admitted in criminal proceedings against him.
The applicant, Hans-Otto Prade, is a German national who was born in 1955 and lives in Hamburg.
In September 2004, on request of the prosecutor’s office, the Munich District Court issued a search warrant in respect of Mr Prade’s home and the homes of three co-suspects on suspicion that they had committed “copyright piracy” by selling counterfeit goods such as watches and computer programmes. In December 2004 his flat was searched. The police did not find any of the items for which they were looking. Instead, by coincidence, they discovered a large amount of hashish, which was found to be enough for more than 2000 consumption units. Subsequently the criminal proceedings on suspicion of “copyright piracy” were discontinued, and new proceedings on suspicion of possession and trafficking of a substantial amount of drugs were opened against him. Read More