European Journal of Health Law 13: 183-197, 2006. 183 © 2006 Koninklijke Brill N.V. Printed in the Netherlands EUROPEAN COURT OF HUMAN RIGHTS * ECHR 2006/6 Case of Schmidt v. Germany, 5 January 2006, no. 32352/02 (Third Section) The facts In 1993, four German right wing extremists set fire to a house in Solingen in which five members of a Turkish family died. The perpetrators were later tried before the Düsseldorf Regional Court. In May 1995, while the above proceedings were pending, the Düsseldorf Regional Court received an anonymous letter, containing a copied and forged notarial document. The document denounced as the perpetrator of the Solingen assault a Turkish citizen living in Berlin with whom the applicant had a legal dispute. The applicant continues to deny that he has written and sent the letter. In order to determine the sender of the letter, the Düsseldorf Regional Crime Office investigated traces of the perpetrator’s saliva on the stamp on the letter. On 8 December 1995, the Tiergarten District Court in Berlin ordered, in accordance with Section 81a of the German Code of Criminal Procedure, the taking and examination of a sample of the applicant’s blood and saliva and an
European Journal of Health Law – Brill
Published: Jan 1, 2006
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