If The Germans Have It Almost In The Bag...

[Uncle Jr]

So then his Rape Sentence began.  How many of the seven years for that will he have to serve?

A third.

[Eleanor]

A third.

Not nearly enough.

[jassi]

The German Justice system seems to think so.

[Eleanor]

The German Justice system seems to think so.

What do you think?

[jassi]

What do you think?

Do you mean sentences in general or for him in particular?

Either way I don't have a problem with the sentence imposed, though I do think only serving part of a sentence strange.

[Uncle Jr]

Do you mean sentences in general or for him in particular?

Either way I don't have a problem with the sentence imposed, though I do think only serving part of a sentence strange.

They have a parole review of sorts and all options are on the table.
CB's problem is, given HCW telling the world that he's the man, there's at least one option now off the table - a move to a lower category status. There's a potential impingement of human rights right there, as unpalatable as that may be. It could be argued that, if he's not charged prior to the review, then HCW's proclamations have been prejudicial to the judicial process.

[Eleanor]

Do you mean sentences in general or for him in particular?

Either way I don't have a problem with the sentence imposed, though I do think only serving part of a sentence strange.

It's the part of that worries me.  Less than two and a half years for a violent Rape?  Or one third of any sentence for that matter.

Is this subject to legal discussion?

No wonder Wolters is trying so hard to catch him on something else.

[Eleanor]

They have a parole review of sorts and all options are on the table.
CB's problem is, given HCW telling the world that he's the man, there's at least one option now off the table - a move to a lower category status. There's a potential impingement of human rights right there, as unpalatable as that may be. It could be argued that, if he's not charged prior to the review, then HCW's proclamations have been prejudicial to the judicial process.

Thank you for that.

I am not even remotely interested in Brueckner's Human Rights.  Would The ECHR be, do you think?

[Uncle Jr]

Thank you for that.

I am not even remotely interested in Brueckner's Human Rights.  Would The ECHR be, do you think?

I'm interested in abuse of process, it doesn't matter who it is to me. Everyone counts or no-one counts.
Let's say he gets charged, it would be a dereliction of duty of his defence not to automatically request the charges be dismissed due to a total lack of the chance of a fair trial. In my opinion a fair trial is impossible, you can't put the genie back in the bottle.
His defence should keep going, challenging the process at every turn. It's now not about MM at all, but a circus created by injudicious proclamations from HCW, et al.

[jassi]

Thank you for that.

I am not even remotely interested in Brueckner's Human Rights. Would The ECHR be, do you think?

I would think so they're quite keen on  peoples liberty issues.
Mind you, the speed at which they work, Brueckner would likely  be an old man before he got a decision.

[Eleanor]

I would think so they're quite keen on  peoples liberty issues.
Mind you, the speed at which they work, Brueckner would likely  be an old man before he got a decision.

That thought occurred to me as well.  But would he still be in prison?  Or at least serve the whole sentence?

[Eleanor]

I'm interested in abuse of process, it doesn't matter who it is to me. Everyone counts or no-one counts.
Let's say he gets charged, it would be a dereliction of duty of his defence not to automatically request the charges be dismissed due to a total lack of the chance of a fair trial. In my opinion a fair trial is impossible, you can't put the genie back in the bottle.
His defence should keep going, challenging the process at every turn. It's now not about MM at all, but a circus created by injudicious proclamations from HCW, et al.

We are talking Judges here.  And not the hoi poloi of a Jury.

[Uncle Jr]

I would think so they're quite keen on  peoples liberty issues.
Mind you, the speed at which they work, Brueckner would likely  be an old man before he got a decision.

That's one for 8-10 years in the future. Right now he has plenty of avenues of recourse given his current prisoner status.
Would he be in lockdown / solitary right now if HCW hadn't de facto given the world his identity? I would argue not. He'd be playing ping pong, popping out to the local town for lunch and cultivating vegetables. A far cry from watching his back 24/7, screws mixing their bodily fluids in his dinner and the prison nutters waiting for their opportunity that will inevitably arrive.

He's probably involved, but he's certainly been legally compromised. In my opinion.

[Uncle Jr]

We are talking Judges here.  And not the hoi poloi of a Jury.

It doesn't matter. The challenge will be prior to any trial and probably subsequently all the way through the process.

[jassi]

That thought occurred to me as well.  But would he still be in prison?  Or at least serve the whole sentence?

Much would depend on how a parole review works.
It ought not to take  future possible charges into account at all -because they may never materialize