Schmidl v. Germany

Reference: CCPR/C/91/D/1516/2006

Decision Year: 2007-10-31

Information Source: Follow-up Report on Views (Oct. 2014)

According to the Victim or his/her Counsel:

08/2013 The police action that led to the violations found by the Committee occurred more than five years before the publication of the Views thus the relevant misdemeanors became time-barred and the perpetrators are shielded from prosecution. The only remaining remedy is compensation and prosecution of the judicial officials involved however the State has failed to offer any compensation.
01/2014 Counsel notes with satisfaction the existence of a pending criminal investigation by the Supreme Court Prosecutor for offences of abuse of authority and breach of duty. The lawsuit for damages before the administrative courts suggested by the State is not adequate. A compensation agreement should be reached with the authors in the three cases for which provision of compensation is still pending, without asking them to file civil suits before domestic courts.

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