Resolution ResDH (2003)8 concerning the judgment of the European Court of Human Rights of 21 December 2000 (final on 21 March 2001) in the case of Croke against Ireland

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th 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 Croke case delivered on 21 December 2000 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 an application (No. 33267/96) against Ireland, lodged with the European Commission of Human Rights on 11 September 1996 under former Article 25 of the Convention by Mr Sean Croke , an Irish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the absence of an independent and automatic review prior to or immediately after his initial detention in a psychiatric institution as well as the absence of a periodic, independent and automatic review of his detention thereafter;

Whereas in its judgment of 21 December 2000 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 Protocols, decided, unanimously to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Ireland would pay the applicant a sum in compensation of the damages suffered, the amount of which both parties wished not to be published;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case shall be effected by means of a judgment which the President 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;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state gave the Committee information about the measures taken preventing new violations of the same kind as that found in the present judgment; this information appears in the appendix to this resolution;

Having satisfied itself that the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement,

Declares, after having taken note of the information supplied by the Government of Ireland, that it has exercised its functions under Article 46, parag raph 2, of the Convention.

Appendix to Resolution ResDH (2003)8

Information provided by the Government of Ireland during the examination of the Croke case by the Committee of Ministers

In order to bring the Irish Mental Health legislation into conformity with the European Convention of Human Rights, a new Mental Health Act had been enacted in July 2001 and is in the process of being implemented, a measure which, when fully in force, should avoid new violations of the same kind as the one found in this case.

The Government of Ireland considers that it has therefore fulfilled its obligations with regard to Article 46, paragraph 1, of the Convention.