Körperliche Durchsuchung eines Strafgefangenen bei vollständiger Entkleidung.

The constitutional complaint concerns the assertion of a denied monetary compensation before the regional court following a judicial finding of the unlawfulness of a physical search of a prisoner involving complete undressing. The Federal Constitutional Court has ruled that searches involving undressing constitute a serious infringement of the general right to personal privacy. The affected individual is entitled to special consideration, particularly in searches that touch upon the intimate area and the sense of shame. The Federal Constitutional Court has already decided that the protective mandate of the general right to personal privacy is realized through the claim for compensation for non-material damages. In the present text, the violation of Article 3 of the European Convention on Human Rights (ECHR) and the question of compensation for non-material damages are addressed. It is determined that compensation is generally appropriate to compensate for the non-material harm suffered by an affected person. Only in exceptional cases is the finding of the violation itself sufficient as satisfaction. In the specific case of Roth v. Germany, it was determined that the searches were unlawful and constituted a serious infringement of the general right to personal privacy. It is emphasized that victims of convention violations should have a mechanism available to hold state authorities accountable for the violation. However, the regional court rejected the claim for compensation without adequately considering the requirements of the European Convention on Human Rights. Therefore, the decision of the regional court is overturned and the case is remanded. [Extracted from the article]