Honecker Prosecution Case

Abstract

Relationship of international law and municipal law — Crimes against international law — Punishment by municipal courts — Shooting of persons at Berlin Wall by border guards of German Democratic Republic — Responsibility of former President of German Democratic Republic for ordering measures establishing regime at the Wall — Prosecution of President Honecker for homicide following re-unification of Germany — Whether proceedings should be terminated because accused suffering from advanced incurable cancer

Human rights — Right to human dignity — Basic Law of Federal Republic of Germany, Article 1(1) — Unwritten constitutional principle for German Länder — Criminal proceedings — Accused suffering from incurable illness and most unlikely to live until end of trial — Whether continuation of proceedings in such circumstances violating right to protection of human dignity — Whether any exception where crimes charged are particularly serious and were committed by former Head of State — The law of the Federal Republic of Germany