Resolution CM /ResDH(2007)133 [1]

Execution of the judgment of the European Court of Human Rights

McGlinchey and others against the United Kingdom

(Application No. 50390/99, judgment of 29/04/2003, final on 29/07/2003)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection 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 judgment transmitted by the Court once it had become final;

Recalling that the violations of the Convention found by the Court in this case concern the prisoner inhuman and degrading treatment prior to her death (violation of Article 3) and the lack of an effective domestic remedy in this respect (violation of Article 13) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with the United Kingdom ' s obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ' s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate:

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

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM /ResDH(2007)133

Information about the measures to comply with the judgment in the case of

McGlinchey and others against the United Kingdom

Introductory case summary

The case concerns inhuman and degrading treatment suffered prior to her death in 1999 by a prisoner addicted to heroin who was the mother of the first two applicants and daughter of the third applicant. The European Court found, in particular, that the prison authorities had failed to provide accurate means of monitoring her weight loss, that despite her worrying health condition there was a gap of two days in the monitoring of her condition by a doctor, and that she was not admitted to hospital quickly enough (violation of Article 3).

The case also concerns the lack of an effective remedy allowing an examination of the standard of care given in prison and the possibility of obtaining damages (violation of Article 13).

I. P ayment of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

P aid on

---

22,900 EUR

7,500 EUR

10/09/2003

II. General measures

1) As regards the violation of Article 3 , in order to prevent new, similar violations, a programme, completed in 2006, was set up to improve prison health policy on the handling of substance abusers and addicts. It involved the transfer of health services for prisoners from the P rison Service to P rimary Care Trusts ( P CTs). The aim of this transfer is to improve the quality and appropriateness of health care services for prisoners and to maintain these services within the National Health Service (NHS). A network of prison/ P CT partnerships has been established to facilitate the transfer at operational level, and these services were effectively mainstreamed within the NHS in 2006.

These developments were accompanied by a £40m increase in resources. A number of P CTs have chosen to invest some of this funding in enhancing the clinical management of drug-dependent prisoners. In 2006 the government planned to invest £28m in clinical drug services in prisons. This figure is expected to increase to £60m in 2007 and funding will continue thereafter. The purpose of this funding is to enhance clinical and psychological management of drug dependence in prisons to meet national and international standards of good practice.

It is also to be noted that at the beginning of 2005 there were drug rehabilitation programmes in 103 establishments. In 2004/2005 an innovative, short-duration drug treatment programme, which can be carried out in around 4 months, was also introduced at 32 establishments, aimed at “short-term” prisoners. Data have shown a significant increase of prisoners who now benefit from these health services. Finally, research has demonstrated that drug treatment delivered in prison is effective in helping offenders stay drug ‑ free and reducing levels of re-offending.

2) As regards the violation of Article 13 , the Human Rights Act 1998, in force since October 2000, covers claims for damages by relatives acting on behalf of deceased persons and therefore provides an effective remedy in cases such as the present one.

Finally, it is noted that the Court ' s judgment was immediately sent out to the P rison Service and published in European Human Rights Reports at 2003 (4) EHRR 466.

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent new, similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies