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Constitutional Court protects again freedom to demonstrate: Unjustified arrests must be compensated

successful constitutional complaint for denial of a pain and suffering of unlawful detention (Federal Constitutional Court, Press Release No. 135/2009 of 2 December 2009)

The Constitutional Court notes: Who is illegal by the police simply arrested so is entitled to compensation . The simple verdict of the court that the actions of the police not were legal and the case was settled so that is not enough.

is believed not mean that in 2009 the Federal Constitutional Court is required to do so find it again. Thus the necessity of this Constitutional Court Decision, at the same time an indication of how work around eight and carefree now local, district and appeal courts with human dignity of citizens.

I mean: The unlawful detention of citizens should be so hard pull compensation payments after that, it hurts the country's finances, so that the executive branch sustained interest for such offenders and that cost drivers in police uniform as soon as possible throw them out of the service.

Quote:

The 1st Chamber of the First Senate of the Federal Constitutional Court overruled the judgments of the Landgericht Lüneburg and the Higher Regional Court Celle
and dismissed the case for a new decision. They violate the complainants' fundamental rights under Article 2 para 1 in conjunction with Article 1 paragraph 1 and of Article 2 paragraph 2 sentence 2 Basic Law, because they have not considered in the denial of a public liability claim that even the conditions for custodial measure themselves were not given. Moreover, the courts have the circumstances of the detention operation at the refusal of the compensation in the Constitution no longer viable way out eight left. [...]

is particularly objectionable that the Court of Appeal has seen in at least ten hours fixing the complainant no lasting impairment without considering the deterrent effect which such treatment for future use constitutionally guaranteed freedoms - notably the could get the right effect and can give special weight - by Article 8 paragraph 1 GG-only participation in demonstrations or their covered by Article 2 paragraph 1 GG observation. (Source: Bundesverfassungsgericht.de )

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