The application concerns criminal proceedings against the applicant in the Federal Republic of Germany, where he lived from 1964 until 1976. In these proceedings he was on 30 April 1976 convicted by the Regional Court of Heilbronn on charges of an offense against the Narcotics Act and of tax evasion and sentenced to two years' and three months' imprisonment. During his trial he was defended by Rechtsanwalt Wingerter; who had been assigned to him as official defense counsel, and sometimes by Rechtsanwalt Rauschenbusch of the same law firm.
The applicant filed a constitutional appeal but a committee of three judges of the Federal Constitutional Court, finding that the appeal did not offer a sufficient prospect of success, refused to accept it for decision.The applicant now complains of the refusal of his petition for the appointment of an official defense counsel for the hearing of his appeal. He alleges violations of his right, under Art. 6 (1) of the European Convention on Human Rights, to a fair hearing, including equality of arms between prosecution and defense, and of his right, under Art. 6 (3)(c), to free legal assistance, in the oral proceedings before the Federal Court.
Citation: Pakelli v Germany (App no 8398/78) ECHR 25 April 1983
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)