Max Planck Institute for Social Anthropology

A Yezidi Clergyman’s Right to Refuse to Testify?

by Silvia Tellenbach

Question(s) at stake

Whether a Yezidi clergyman present at a reconciliation meeting has the right to refuse to give evidence.

Outcome of the ruling

A Yezidi clergyman who is present at a reconciliation meeting has no right to refuse to give evidence because such participation is not a pastoral activity.

Country:

Germany

Official citation

Federal Court of Justice, 4th Criminal Division, Judgement of 15 April 2010 4 StR 650/09 (BGH 4. Strafsenat, Urteil vom 15. April 2010, 4 StR 650/09)

Topic(s)

Keywords:

Testimony

Tag(s):

Yezidi Pastoral care Clergyman Right to refuse to testify

Bibliographic information

Tellenbach, Silvia (2023): A Yezidi Clergyman’s Right to Refuse to Testify?, Department of Law and Anthropology, Max Planck Institute for Social Anthropology, Halle (Saale), Germany, CUREDI033DE020, https://doi.org/10.48509/CUREDI033DE020.

About the authors

Silvia Tellenbach (Max Planck Institute for the Study of Crime, Security and Law, Freiburg, Germany) ORCID logo

Dr. Dr.h.c. Silvia Tellenbach is the long-time former Head of the Turkey, Iran and Arab States Unit at the Max Planck Institute for Foreign and International Criminal Law (presently: 'Institute for the Study of Crime, Security and Law').

Within the CUREDI project, she is using her expertise in criminal law in Germany to identify court decisions, where cultural and religious diversity issues were involved. In addition to writing templates on such cases, she acts as a reviewer and is a member of the CUREDI Editorial Board.