Since the 1990s, there have been a number of rulings on emetics throughout Germany, most of which did not see any legal basis for the measure, for example by the Frankfurt Higher Regional Court. In Bremen, however, the Senate always referred exclusively to the favorable case law. In countless cases, Bremen courts admitted evidence that had been ‘obtained’ by the administration of emetics – that is, that the persons concerned had been forced to vomit in the course of the (compulsory) administration of emetics.
In no case was the question even raised as to whether the measure restricted the rights of the persons concerned. Not even in the case of those who had to take the emetic but were not carrying illegalized drugs. In Bremen – an inquiry by the Green Party in 2005 revealed – this was the case every fourth time.
The trial of the doctor who forcibly introduced the emetic to Mr. Condé was the only one of its kind in Germany. The trial history is also unique. Twice, the Federal Supreme Court overturned the acquittal of the Bremen Regional Court. On the first occasion, the BGH ruled: „The acquittal of the defendant does not stand up to factual and legal scrutiny Bon the second occasion, the BGH overturned the acquittal, saying the verdict was „almost grotesquely wrong.“ By dropping the third emetic trial the Bremen court evaded further review in 2013.
There is extensive trial observation on the third trial.
At the hearing of the Initiative in Memory of Laye Alama Condé in June 2014, lawyer Christine Vollmer gave a detailed overview: The co-called emetic trial and the appeal proceedings from a critical legal perspective.
(The entire hearing can be found HERE as a brochure HERE as a video recording).
On the part of those affected, there were many complaints and some legal actions. Mr. Jalloh from Wuppertal carried his request to receive compensation for the state-responsible damage to his health before several German courts and failed in the highest instance; only this made the trial before the European Court of Human Rights possible. The European Court ruled in favor of Mr. Jalloh and against the representatives of the German government. In 2006, the ruling put an end to the forced adminsitration of emetics in the Federal Republic and made it history.
