Gäfgen V. Germany
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The murder of Jakob von Metzler was a German murder case. In 2002 11-year old Jakob von Metzler was kidnapped and murdered by the law student Magnus Gäfgen in
Frankfurt Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...
. The following year, Gäfgen was convicted and sentenced to
life imprisonment Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
. The case drew controversy over the fact that Gäfgen was threatened with
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
during his interrogation by the police in order to save his victim's life. The
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
case of ''Gäfgen v. Germany'' has been widely discussed in debates on torture. In January 2015, it became known that Gäfgen had changed his name to Thomas David Lukas Olsen, reportedly inspired by the fictional Danish criminal
Egon Olsen Egon Olsen (born 12 March 1925 (DK), 13 March 1923 (NO)) is a fictional character in the Danish '' Olsenbanden'' film series as well as in the Norwegian remake. He is portrayed by Ove Sprogøe in the Danish version and by Arve Opsahl in the Norwe ...
.


Kidnapping and murder of Jakob von Metzler

Gäfgen has a modest family background, but went on to study law at the
Goethe University Goethe University (german: link=no, Johann Wolfgang Goethe-Universität Frankfurt am Main) is a university located in Frankfurt am Main, Germany. It was founded in 1914 as a citizens' university, which means it was founded and funded by the wealt ...
in 1996. On 27 September 2002 he kidnapped Jakob von Metzler in order to blackmail his parents, but killed him in his apartment. Gäfgen then demanded one million euro in ransom from the Metzlers, who were banking dynasts. He was observed by the police when he picked up the ransom. After a few hours, during which he had booked a holiday and not released his victim, who was already dead, he was arrested. After being threatened with
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
, as ordered by Frankfurt Police Vice President Wolfgang Daschner, he confessed and told where the body was hidden.


Legal proceedings

In the conviction of Gäfgen for murder to life imprisonment in July 2003, the court established his grave level of guilt (''besondere Schwere der Schuld''). As a consequence, he is not eligible for early release after 15 years, as is otherwise usual for life prisoners. Gäfgen's appeal to the
Federal Court of Justice The Federal Court of Justice (german: Bundesgerichtshof, BGH) is the highest court in the system of ordinary jurisdiction (''ordentliche Gerichtsbarkeit'') in Germany, founded in 1950. It has its seat in Karlsruhe with two panels being situat ...
was rejected in May 2004. His complaint to the
Federal Constitutional Court The Federal Constitutional Court (german: link=no, Bundesverfassungsgericht ; abbreviated: ) is the supreme constitutional court for the Federal Republic of Germany, established by the constitution or Basic Law () of Germany. Since its inc ...
was rejected in December 2004. In December 2004 Frankfurt deputy police chief Wolfgang Daschner received a suspended sentence of a €10,800 fine for ordering a subordinate, Ortwin E., to threaten Gäfgen with torture. Ortwin E. was sentenced to a €3,600 fine. In 2005, Gäfgen filed a complaint against Germany at the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
(case no. 22978/05, ''Gäfgen v. Germany'') which he partially won in 2010: Germany was found to have violated article 3 ECHR (Prohibition of torture and
inhuman and degrading treatment Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention ...
), but was found not to have violated article 6 (Right to a fair trial). Additionally, he sued the state of Hessen and demanded compensation for allegedly suffering trauma after being threatened with torture, but lost the case. In August 2011 Magnus Gäfgen was awarded €3,000 damages for the threats he endured from the police. Gäfgen originally wanted €10,000. His liquidator tried to seize the money.


Life in prison

Magnus Gäfgen is serving his life sentence in Schwalmstadt Prison in the state of
Hesse Hesse (, , ) or Hessia (, ; german: Hessen ), officially the State of Hessen (german: links=no, Land Hessen), is a States of Germany, state in Germany. Its capital city is Wiesbaden, and the largest urban area is Frankfurt. Two other major histor ...
. He passed the first state examination in law while in prison, and published the autobiography ''Allein mit Gott – Der Weg zurück'' (''Alone with God – The way back'') in 2005. His plans to establish a "Gäfgen Foundation" that should help children who had been victims of crime sparked controversy, and after authorities stated they would never allow such a foundation to be registered, he dropped the plans. In 2017 he applied to be released on probation. In 2018 the authorities determined that he is still dangerous and rejected the application.


Film adaptations and documentaries

The murder case has been the subject of several film adaptations and documentaries. An episode of ''
Tatort ''Tatort'' ("Crime scene") is a German language police procedural television series that has been running continuously since 1970 with some 30 feature-length episodes per year, which makes it the longest-running German TV drama. Developed by ...
'' from 2005 was loosely based on the case. ARD produced the movie ''Eine Frage des Gewissens'' in 2006, while an episode in the ZDF series '' Kommissarin Lucas'' from that year was also based on the case. The documentary ''Der Mordfall Jakob von Metzler: Ein Verbrechen und seine Folgen'' was broadcast by
ZDF ZDF (, short for Zweites Deutsches Fernsehen; ; "Second German Television") is a German public-service television broadcaster based in Mainz, Rhineland-Palatinate. It is run as an independent nonprofit institution, which was founded by all fe ...
in 2007 and an episode in the series ''
Die großen Kriminalfälle ''Die großen Kriminalfälle'' ("The Great Criminal Cases") is a German documentary television Television documentaries are televised media productions that screen documentaries. Television documentaries exist either as a television documenta ...
'' was broadcast by ARD in 2008. In 2012 the feature film ' was released. Gäfgen was portrayed by
Johannes Allmayer Johannes is a Medieval Latin form of the personal name that usually appears as "John" in English language contexts. It is a variant of the Greek and Classical Latin variants (Ιωάννης, ''Ioannes''), itself derived from the Hebrew name '' Yeh ...
.Spielfilm über den Fall Metzler
(Der Spiegel)


See also

*
List of kidnappings The following is a list of kidnappings summarizing the events of each individual case, including instances of celebrity abductions, claimed hoaxes, suspected kidnappings, extradition abductions, and mass kidnappings. Before 1900 1900–1949 ...
*
List of solved missing person cases Lists of solved missing person cases include: * List of solved missing person cases: pre-2000 * List of solved missing person cases: post-2000 See also * List of kidnappings * List of murder convictions without a body * List of people who dis ...


Literature

* Adrienne Lochte: ''Sie werden dich nicht finden. Der Fall Jakob von Metzler.'' Droemer/Knaur 2004, * Magnus Gäfgen: ''Allein mit Gott – Der Weg zurück.'' Bendorf: Atlantic-Millenium-Press 2005,


References


External links


ECtHR Chamber JudgmentECtHR Grand Chamber judgment (2010)
{{DEFAULTSORT:Metzler, Jakob von 2000s missing person cases 2002 murders in Germany Deaths by person in Germany Incidents of violence against boys Kidnappings in Germany Missing person cases in Germany Child murder in Germany Ransom September 2002 events in Germany