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CRIME

EU court slams German penal system

The European Court of Human Rights this week condemned Germany's preventive detention system, which holds prisoners considered dangerous in jail for an indefinite period.

EU court slams German penal system
Photo: DPA

In December, the ECHR had ordered Germany to pay €50,000 in damages to a prisoner held in preventive detention for nearly 20 years, but the ECHR rejected Germany’s referral request lodged in March.

“The Court’s Chamber judgment of 17 December 2009 has thereby become final,” an ECHR statement said on Tuesday.

The original case concerned a 52-year-old prisoner, known as M, with at least seven convictions for offences including attempted murder, robbery, aggravated robbery, serious assaults and blackmail.

He has also wounded several fellow detainees, in particular a disabled man, and tried to rob and murder a woman accompanying him on a day trip out of his psychiatric hospital.

Experts had judged that he had psychological problems but was still morally responsible for his actions.

Under German law at the time of his conviction, preventive detention was limited to 10 years, which would have meant he was released in 2001.

But an amendment passed in 1998 allowed the detention to be extended indefinitely if it was judged necessary for public safety, and this was applied retroactively to M.

The Strasbourg court ruled that the retroactive detention of the prisoner was not justified, because “there was no sufficient causal connection between his conviction and his continued deprivation of liberty.”

“The applicant’s continued detention had not been justified by the risk that he could commit further serious offences if released,” the court said, judging that “these potential offences were not sufficiently concrete and specific.”

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CRIME

Aide to German far-right MEP arrested on suspicion of spying for China

An aide to a German far-right politician standing in June's European Union elections has been arrested on suspicion of spying for China, German prosecutors said on Tuesday.

Aide to German far-right MEP arrested on suspicion of spying for China

The man, named only as Jian G., stands accused of sharing information about negotiations at European Parliament with a Chinese intelligence service and of spying on Chinese opposition figures in Germany, federal prosecutors said in a statement.

On the website of the European Parliament, Jian Guo is listed as an accredited assistant to MEP Maximilian Krah, the far-right AfD party’s lead candidate in the forthcoming EU-wide elections.

He is a German national who has reportedly worked as an aide to Krah in Brussels since 2019.

The suspect “is an employee of a Chinese secret service”, prosecutors said.

“In January 2024, the accused repeatedly passed on information about negotiations and decisions in the European Parliament to his intelligence service client.

“He also spied on Chinese opposition members in Germany for the intelligence service.”

The suspect was arrested in the eastern German city of Dresden on Monday and his homes were searched, they added.

The accused lives in both Dresden and Brussels, according to broadcasters ARD, RBB and SWR, who broke the news about the arrest.

The AfD said the allegations were “very disturbing”.

“As we have no further information on the case, we must wait for further investigations by federal prosecutors,” party spokesman Michael Pfalzgraf said in a statement.

The case is likely to fuel concern in the West about aggressive Chinese espionage.

It comes after Germany on Monday arrested three German nationals suspected of spying for China by providing access to secret maritime technology.

READ ALSO: Germany arrests three suspected of spying for China

China’s embassy in Berlin “firmly” rejected the allegations, according to Chinese state-run news agency Xinhua.

According to German media, the two cases are not connected.

In Britain on Monday, two men were charged with handing over “articles, notes, documents or information” to China between 2021 and last year.

Police named the men as Christopher Berry, 32, and Christoper Cash, 29, who previously worked at the UK parliament as a researcher.

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