Önleyici Gözaltı ve Hürriyet Hakkı Çerçevesinde “Masumiyetin” Anlamı

“Having regard to the legal basis of the applicant’s detention - section 32 § 1 no. 2 of the Hessian Public Security and Order Act, a provision aimed exclusively at preventing and not at prosecuting offences… it is indeed uncontested that the applicant in the present case was not suspected of having committed a criminal offence… His police custody only served the (preventive) purpose of ensuring that he would not commit offences in an imminent hooligan altercation. He was to be released once the risk of such an altercation had ceased to exist and his detention was thus not aimed at bringing him before a judge in the context of a pre-trial detention and at committing him to a criminal trial” (10)…