Resolution ResDH(2005) 99

concerning the judgment of the European Court of Human Rights of 10 February 2004 (final on 7 July 2004 ) in the case of B.B. against the United Kingdom

(Adopted by the Committee of Ministers on 26 October 2005 at the 940 th meeting of the Ministers ' Deputies)

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 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the B.B. case delivered on 10 February 2004 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the judgment of the Court became final on 7 July 2004 since, at this date, the government of the respondent state was informed that the request for a re-hearing before the Grand Chamber had been dismissed;

Recalling that the case originated in an application (No. 53760/00) against the United Kingdom, lodged with the European Commission of Human Rights on 9 August 1998 under former Article 25 of the Co n vention by Mr B.B., a British national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint according to which he had suffered discrimination on the ground of his sexual orientation on account of his indictment in 1993 of committing homosexual acts with a minor on the basis of legislative provisions fixing different ages of consent for heterosexual and homosexual acts (sixteen and eighteen years respectively) ;

Whereas in its judgment of 10 February 2004 the Court unanimously:

- held that there had been a violation of Article 14 in conjunction with Article 8 of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 7 000 euros in respect of non-pecuniary damage, 600 euros in respect of costs and expenses, these sums to be converted in pounds sterling at the date of settlement, and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 10 February 2004 , having regard to the United Kingdom ' s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as that found in this case, as noted in the judgment (paragraph 19), the Sexual Offences (Amendment) Act 2000, the relevant part of which came into force on 8 January 2001, reduced the age of consent for homosexual acts to the same age as the age of consent for heterosexual acts , and indicated that the Court ' s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 10 September 2004, within the time-limit set, the government of the respondent state had paid the applicant the sums provided in the judgment of 10 February 2004,

Declares, after having examined the information supplied by the Government of the United Kingdom , that it has exe r cised its functions .