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The immunities of States and international organisations

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Information on the contribution

Member State
Germany
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Germany/1995/507
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Germany - Jurisprudence of 15/05/1995

Constitutional complaints of persons against their conviction for espionage against the Federal Republic of Germany on behalf of the former German Democratic Republic

Author(ity)

Bundesverfassungsgericht (Federal Constitutional Court)

Date of the decision, of the judgment

15/05/1995

Points of law

The decision mainly concerns the question whether there is a general rule of international law according to which it is inadmissible to prosecute persons for espionage committed on behalf of and from the territory of a state that later peacefully acceded to the state against which the espionage was directed. The existence of such rule was denied. In the course of argument the court briefly touched upon the state immunity issue and rejected the argument that it could be used as a defense against the prosecution of spies.

Summary of the case

Submission by the Kammergericht [Berlin Superior Court] under Art.100 (2) of the Basic Law (for the text see D/7 under Additional Information) in criminal proceedings against persons indicted for espionage against the Federal Republic of Germany on behalf of the former German Democratic Republic. Constitutional complaints of persons against their conviction for espionage against the Federal Republic of Germany on behalf of the former German Democratic Republic.

Sources

Entscheidungen des Bundesverfassungsgerichts Vol.92, p.277 et seq.

Additional information (explanations, notes, etc.)

“There is no rule of international law according to which spies who are prosecuted by the state against which the espionage was directed could rely on the principles of sovereign immunity. There is an exception only if the accused enjoy the protection of the Vienna Conventions on Diplomatic Relations of 1961 or on Consular Relations of 1963 or of special agreements.“ (p.321)