The violent criminal with multiple convictions – known by the inital M. – was sentenced to five years in prison back in 1986 before being taken into preventive detention. He has committed severe crimes, including several attempted murders. Preventive detention was limited to 10 years until German law was changed in 1998: unlimited custody of criminals became possible.

M., who now faces unlimited detention rather than the original 10-year period, complained that this practice constitutes unlawful retroactive implementation – an opinion which is also shared by the European Court of Human Rights. Hence, the allegedly dangerous criminal may be released from prison, though experts are convinced that he is a menace to society.

The courts in Marburg, Frankfurt and Karlsruhe found that keeping M. in the prison of Schwalmstadt would be lawful, but the ECHR in Strasbourg disagreed. The continuation of the preventive detention is in breach of the prohibition against double punishment, i.e. against human rights. That interpretation seems to be right.

Dozens of other prisoners like M. were also affected by the changed law in 1998: they also have to stay longer in prison, maybe for the rest of their lifetime. German courts regarded the continuation of preventive detention not as punishment, but the European Court did so. Should the decision in Strasbourg become res judicata,  about 500 convicted criminals may be released from prison – most of them are rapists and murderers.

The discrimination against unmarried fathers in family law seemed to be uncontested for many affected men. After the new rule of the European Court, Justice Minister Sabine Leutheusser-Schnarrenberger assured to lobby a new bill for the custody of unmarried fathers. In future, they should be able to take care of their children, even without the agreement of the mothers.

Most German politicians also want to have a review on the current laws, but also emphasize that the most important thing is to care about children: they should not suffer from conflicts between mothers and fathers. For unmarried mothers, there is no law certainty anymore – every single case might be analyzed in future.

But the new situation brings also a change for children out of wedlock: they are put on par with marital children. This is welcomed by representatives of relevant organizations dealing with that topic.
Many decrees of Germany’s high court in Karlsruhe confirmed the strong position of women; men were disadvantaged concerning custody, but were asked for financial support. According to experts these incalculable financial risks might have led to a decrease of marriages in general.

However, the latest developments seem to be overdue after many years of discussion. The European Court in Strasbourg has given a clear sign, and the German government has to find new ways to deal with the question of custody. The new rule marks an important step for human rights and emancipation – for men.