ABSTRACT

Mr Klaus Croissant, the applicant, was a lawyer facing criminal proceedings in the Stuttgart Regional Court in connection with his activities as the lawyer of various members of the ‘Red Army Faction’ (RAF). He was initially represented by two lawyers of his choice, Mr B and Mr K. They were subsequently designated, at his request, to represent him as court-appointed defence counsel. On an application by the prosecuting authority, the President of the Regional Court designated as third court-appointed defence counsel, Mr H, a lawyer practising in Stuttgart. The applicant objected to the appointment of a third defence counsel and to the choice of the person concerned (Mr H was a member of the Social Democratic Party which the applicant fundamentally opposed). Mr H for his part asked to be relieved of his duties in the case. Both applications were dismissed by the Regional Court on 1 March 1978. At the trial, which lasted seventy-three days, the applicant was represented by the three court-appointed defence counsel. He was convicted of supporting a criminal organisation and sentenced to two years and six months’ imprisonment; he was also barred from practising his profession for a period of four years and ordered to pay the costs and expenses, including those which he had been compelled to incur himself. His appeals and requests to have the debts cancelled were rejected. Comm found unanimously NV 6(1) regarding fees of Mr B and Mr K, by majority (7-4) NV 6(1) regarding fees of Mr H.