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The present judgment is subject to editorial revision before its reproduction in final form in Reports of Judgments and Decisions 1997. These reports are obtainable from the publisher Carl Heymanns Verlag KG (Luxemburger Straße 449, D-50939 Köln), who will also arrange for their distribution in association with the agents for certain countries as listed overleaf.
Germany – lawfulness of arrest and detention (Article 127 § 1 and Article 163 b and c of Code of Criminal Procedure)
Applicant had raised his complaint under Article 5 § 1 of the Convention in substance in the German courts – Koblenz Court of Appeal had examined, at least in part, question of lawfulness of applicant’s arrest and detention – remedy used by applicant had been effective and adequate.
Court could, in principle, follow the reasoning of the Koblenz Court of Appeal in its judgments of 21 May 1992 and 30 November 1993 – applicant had been detained on reasonable suspicion of having committed an offence, within meaning of Article 5 § 1 (c).
Arrest and detention effected also for purpose of bringing person concerned before the competent legal authority, as laid down in that Article.
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