Resolution ResDH(2005) 83

concerning the judgment of the European Court of Human Rights of 29 July 2003 (Friendly settlement) in the case of Brown against the United Kingdom

(Adopted by the Committee of Ministers on 18 July 2005 at the 933rd 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 as amended by P rotocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the case of Brown, delivered on 29 July 2003 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 52770/99) against the United Kingdom, lodged with the European Court of Human Rights on 28 October 1999 under Article 34 of the Co n vention by Christopher Brown, a British national, and that the Court declared admissible the complaints related to the investigation into the applicant ' s sexual orientation and his discharge from the Royal Air Force pursuant to the Ministry of Defence ' s policy, at that time, against homosexuals in the armed forces;

Whereas in its judgment of 29 July 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its P rotocols, decided, unanimously to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of the United Kingdom would pay the applicant, before 30 May 2003, the sum of 52 500 pounds sterling;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the P resident shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

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

Having satisfied itself that within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sums provided for in the friendly settlement ,

Recalling that following the judgment in the case of Smith and Grady against the United Kingdom (see Final Resolution ResDH(2002)35), the former policy of the Ministry of Defence was abandoned and the ban on homosexuals serving in the United Kingdom armed forces lifted as from 12 January 2000,

Declares, after having examined the information supplied by the Government of the United Kingdom, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.