Interim Resolution ResDH (2002)85

Quinn against the United Kingdom, Interim Resolution DH(1998)214 Murray Kevin against the United Kingdom, Interim Resolution DH(1998)156 Magee against the United Kingdom, judgment of the European Co urt of Human Rights of 6 June 2000, final on 6 September 2000 Murray John against the United Kingdom, judgment of the European Court of Human Rights of 8 February 1996, Interim Resolution DH(2000)26 Averill against the United Kingdom, judgment of the European Court of Human Rights of 6 June 2000, final on 6 September 2000

(Adopted by the Committee of Ministers on 11 June 2002 at the 798 th 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 its decisions of 11 June 1998 1 and 10 July 1998 2 under former Article 32 of the Convention in the Murray Kevin and Quinn cases respectively and to the judgments of the European Court of Human Rights of 8 February 1996, in the Murray John case 3 , and 6 June 2000 (final on 6 September 2000) in the Averill and Magee cases, all of them concerning the right to silence, the right not to incriminate oneself and the denial of access to legal advice during the first 48 hours of detention (24 hours in the Averill case), combined with the provisions in national law whereby the choice of the accused to remain silent could result in the court or jury drawing unfavourable conclusions (violations of Article 6, paragraph 3c alone or combined with Article 6, paragraph 1);

Recalling Interim Resolution DH(2000)26 of 14 February 2000 in which the Committee of Ministers decided to resume consideration of the Murray John case, as far as general measures are concerned, when the amendments to the Youth Justice and Criminal Evidence Act 1999 and the Criminal Evidence (Northern Ireland) Order 1999 enter into force or, at the latest, at one of its meetings in 2000;

Having regularly invited the Government of the United Kingdom in 2000, 2001 and 2002, to inform it of any progress in the adoption of the measures envisaged by the United Kingdom authorities, as summarised in Interim Resolution DH(2000)26;

Regretting that, more than two years after the adoption of Interim Resolution DH(2000)26, the amendments to the Youth Justice and Criminal Evidence Act 1999, in particular the new Section 58, and the Criminal Evidence (Northern Ireland) Order 1999 have still not entered into force;

Strongly encourages the United Kingdom authorities to take all the necessary measures to ensure the rapid entering into force of the amendments to the “Youth Justice and Criminal Evidence Act 1999 and the Criminal Evidence (Northern Ireland) Order 1999, so as to effectively prevent new violations of the Convention similar to those found in these cases,

Decides to resume consideration of the matter once the legislation in question has entered into force or, at the latest, at its 819th meeting (December 2002).

Note 1 Interim Resolution DH(1998)156

Note 2 Interim Resolution DH(1998)214

Note 3 Interim Resolution DH(2000)26