SHARE
COPY LINK

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.”

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

GERMANY AND RUSSIA

Germany, Czech Republic accuse Russia of cyberattacks

Germany and the Czech Republic on Friday blamed Russia for a series of recent cyberattacks, prompting the European Union to warn Moscow of consequences over its "malicious behaviour in cyberspace".

Germany, Czech Republic accuse Russia of cyberattacks

The accusations come at a time of strained relations between Moscow and the West following Russia’s 2022 invasion of Ukraine and the European Union’s support for Kyiv.

German Foreign Minister Annalena Baerbock said a newly concluded government investigation found that a cyberattack targeting members of the Social Democratic Party had been carried out by a group known as APT28.

APT28 “is steered by the military intelligence service of Russia”, Baerbock told reporters during a visit to Australia.

“In other words, it was a state-sponsored Russian cyberattack on Germany and this is absolutely intolerable and unacceptable and will have consequences.”

APT28, also known as Fancy Bear, has been accused of dozens of cyberattacks in countries around the world. Russia denies being behind such actions.

The hacking attack on German Chancellor Olaf Scholz’s SPD party was made public last year. Hackers exploited a previously unknown vulnerability in Microsoft Outlook to compromise e-mail accounts, according to Berlin.

Berlin on Friday summoned the acting charge d’affaires of the Russian embassy over the incident.

The Russian embassy in Germany said its envoy “categorically rejected the accusations that Russian state structures were involved in the given incident… as unsubstantiated and groundless”.

Arms, aerospace targeted: Berlin 

German Interior Minister Nancy Faeser said the cyber campaign was orchestrated by Russia’s military intelligence service GRU and began in 2022. It also targeted German companies in the armaments and aerospace sectors, she said.

Such cyberattacks are “a threat to our democracy, national security and our free societies”, she told a joint news conference in Prague with her Czech counterpart Vit Rakusan.

“We are calling on Russia again to stop these activities,” Faeser added.

Czech government officials said some of its state institutions had also been the target of cyberattacks blamed on APT28, again by exploiting a weakness in Microsoft Outlook in 2023.

Czech Interior Minister Rakusan said his country’s infrastructure had recently experienced “higher dozens” of such attacks.

“The Czech Republic is a target. In the long term, it has been perceived by the Russian Federation as an enemy state,” he told reporters.

EU, NATO condemnation

The German and Czech findings triggered strong condemnation from the European Union.

“The malicious cyber campaign shows Russia’s continuous pattern of irresponsible behaviour in cyberspace, by targeting democratic institutions, government entities and critical infrastructure providers across the European Union and beyond,” EU foreign affairs chief Josep Borrell said.

The EU would “make use of the full spectrum of measures to prevent, deter and respond to Russia’s malicious behaviour in cyberspace”, he added.

State institutions, agencies and entities in other member states including in Poland, Lithuania, Slovakia and Sweden had been targeted by APT28 in the past, the statement added.

The latest accusations come a day after NATO expressed “deep concern” over Russia’s “hybrid actions” including disinformation, sabotage and cyber interference.

The row also comes as millions of Europeans prepare to go to the polls for the European Parliament elections in June, and concerns about foreign meddling are running high.

Czech Foreign Minister Jan Lipavsky told AFP that “pointing a finger publicly at a specific attacker is an important tool to protect national interests”.

One of the most high-profile incidents so far blamed on Fancy Bear was a cyberattack in 2015 that paralysed the computer network of the German lower house of parliament, the Bundestag. It forced the entire institution offline for days while it was fixed.

In 2020, the EU imposed sanctions on individuals and entities linked to the APT28 group over the incident.

SHOW COMMENTS