Resolution ResDH (2003)129

concerning the judgment of the European Court of Human Rights of 22 O ctober 2002 (final on 22 January 2003) in the case of Perkins and R. against the United Kingdom

(Adopted by the Committee of Ministers on 22 July 2003 at the 847th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the case of Perkins and R. delivered on 22 October 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in two applications (Nos. 43208/98 and 44875/98) against the United Kingdom, lodged with the European Commission of Human Rights on 13 July and 15 September 1998 under former Article 25 of the Co n vention by Mr Terence Perkins and Ms R. , two British nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to a discriminatory breach of the applicants’ right to respect for their private and family life on account of investigations concerning their homosexuality and their subsequent dismissal from the Royal Navy in accordance with the policy, in force at the time, banning homosexuals from serving in the armed forces;

Whereas in its judgment of 22 October 2002 the Court unanimously:

- held that there had been a violation of Article 8 of the Convention;

- held that no separate issue arose under Article 14 of the Convention taken in conjunction with Article 8;

- held that the government of the respondent state was to pay the first applicant, within three months from the date at which the judgment became final, the following amounts to be converted to pounds sterling at the date of settlement: 30 300 euros in respect of non-pecuniary damage and 4 300 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points should be payable from the expiry of the above-mentioned three months until settlement;

- held that the government of the respondent state was to pay the second applicant, within three months from the date at which the judgment became final, the following amounts to be converted to pounds sterling at the date of settlement: 30 300 euros in respect of non-pecuniary damage, 43 000 euros in respect of pecuniary damage, 1 900 euros in respect of costs and expenses of the domestic proceedings and 4 300 euros in respect of costs and expenses of the Convention proceedings and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points should be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicants’ 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 22 October 2002, 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 those found in this case, in particular through the introduction of The Armed Forces Code of Social Conduct Policy Statement lifting the ban on homosexuals serving in the military (see Resolutions ResDH (2002)34 in the case of Lustig-Pream and Beckett and ResDH (2002)35 in the case of Smith and Grady, and indicated that the Court’s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 11 April 2003 the applicants’ lawyer confirmed that, within the time-limit set, the government of the respondent state had paid the a p plicants the sums provided for in the judgment of 22 October 2002,

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