Resolution CM/ResDH(201 3 ) 52 [1]

Gillan and Quinton against the United Kingdom

Execution of the judgment of the European Court of Human Rights

(Application No. 4158/05, judgment of 12 January 2010, final on 28 June 2010)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the violation established (see document DH-D D ( 2 012)9 7 8E );

Recalling that the respondent State ’ s obligation under Article 46, paragraph 1, of the Convention to abide to by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with its above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD( 2 012)978E );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Execution of Judgments of the European Court of Human Rights

Action Report

Gillan & Quinton v the United Kingdom (application no. 4158/05; judgment final on 28 June 2010)

Case Summary

On 9 September 2003 the applicants were stopped and searched by police using powers under the Terrorism Act 2000.

The Court found sections 44-46 of the Terrorism Act 2000 to be in breach of Article 8 (the right to respect for private and family life) of the European Convention on Human Rights (ECHR) because they were not “in accordance with the law”.

The Court found the powers in those provisions (which enabled ‘ no suspicion ’ stop and search) were neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse.

Just satisfaction:

The just satisfaction award has been paid; evidence previously supplied. The “stop and search” of the applicants took place on 9 September 2003 and lasted no more than 30 minutes at maximum. No further individual measures are required.

The Government published an article on the Home Office website about the Court ’ s judgment, including reference to the judgment and a weblink to the website of the ECtHR ( www.homeoffice.gov.u k /media-centre/news/changes-use-stop-search ).

A list of other publications where the judgment has been published was annexed to the Government ’ s Action Plan of 1 October 2010 (see DH- D D(2011) 8 51E ).

The Government took steps to bring the judgment to the attention of police and the public by:

( http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm100708/debtext/100708-0001.htm#10070875001177

http://www . publications.parliament.uk/pa/ld201011/ldhansrd/text/100708-0002.htm#10070878000285 )

The judgment has also been widely reported in the media and is available via numerous, easily accessible websites.

A separate link to the equivalent Code of Practice for Northern Ireland can be found at:

Code of Practice - Stop and S earc h (Northern Ireland )

State of execution of judgment:

[1] Adopted by the Committee of Ministers on 7 March 2013 at the 1164th meeting of the Ministers’ Deputies.