Home news Justice victim Mollath is entitled to damages | TIME ONLINE

Justice victim Mollath is entitled to damages | TIME ONLINE

Gustl Mollath, unfairly placed in psychiatry for years, is in the opinion of the Landgericht München I compensation to. The 62-year-old demanded compensation from the Free State of Bavaria, including for loss of earnings and compensation for pain and suffering. The court acknowledged the process kick-off
now a "variety of procedural errors" a. These would have led Mollath to the
Convicted in a psychiatric hospital,
said the presiding judge of the
responsible district court Munich I.
The court was at that time "tried to speed up the procedure
break up. "Since probably the situation has suffered something underneath," said
the judge continues.

demands from the Free State of Bavaria a total of 1.8 million euros in damages for more than seven years of unlawful psychiatric placement. The total includes 800,000 euros in compensation, 288,000 euros in lost earnings and 90,000 euros in legal fees.

Mollath was in 2006 after a trial in the district court
Nuremberg-Fürth against his former wife for alleged
Delusions had been forcibly and had seven years in
spent psychiatry. In the lawsuit with his ex-wife, he had illegal
His wife's money transactions for a major bank are reported. To
Years had turned out that the charges were correct at the core
and the bank had determined this internally without giving it
inform. After his release, Mollath had accused various officials and judges of a variety of official violations.

According to the district court Munich must for official liability claims one
Justification can be proven, which in this case
difficult. However, in Mollath article five of the
European Convention on Human Rights. After this, stand by him
Damages too.

The presiding judge in the current trial also said that Mollath's appeal would have been overruled in 2006 if the verdict against Mollath had been overturned. Mollath, however, had made only one complaint about his public defender, which was not enough. Mollath also justified this by not having had any opportunities in psychiatry to claim his rights.

Free State of Bavaria sees no further claims

How high the
Compensation could fail, initially remained open. About that
Mollath and the Ministry of Justice are now trial parties
exchange in a written procedure. An appointment for one
no further public hearing was scheduled.

The Free State
Bavaria had offered Mollath after his release from psychiatry 170,000 euros. 70,000 euros of which have already been paid. The legal representative of the Free State said after the trial, he had the assessment
the court now examine. However, he called
original proposal of the court, 600,000
To pay euros, "actually
not justifiable. "But the land was open, to a friendly one
To reach agreement.

Lawyer Hildebrecht Braun said he considers the 600,000 euros
too low. He announced the damage in more detail
demonstrated. This had demanded the court.

Before the start of the
Mollath had said that he still suffers from the
Accommodation. For example, he still has sleep problems.
Besides, he still had not succeeded, a solid one
To find a job. He also does not have his own apartment,
but live with friends.


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