German courts should not have used evidence obtained by police incitement in proceedings against drug-trafficking suspect
On 23 Oktober 2014 in the case of Furcht v. Germany (application no. 54648/09) the European Court of Human Rights held, unanimously, that there had been:a violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights.
The case concerned the complaint by a man convicted of drug trafficking that the criminal proceedings against him had been unfair, as he had been incited by undercover police officers to commit the offences of which he was convicted.
The Court found that the undercover measure in Mr Furcht’s case – going beyond a passive investigation of criminal activity – had indeed amounted to police incitement. The German courts should not have used the evidence obtained in this way to convict him.
The Press Release is here