Resolution ResDH (2002)36 concerning the judgment of the European Court of Human Rights of 9 May 2000 (final on 9 August 2000) in the case of Sander against the United Kingdom

(Adopted by the Committee of Ministers on 30 April 2002 at the 792nd 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 Sander case delivered on 9 May 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. 34129/96) against the United Kingdom, lodged with the European Commission of Human Rights on 22 July 1996 under former Article 25 of the Convention by Mr Kudlip S. Sander, a British national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared partly admissible the complaint relating to the lack of impartiality of a tribunal (racist comments by some of the jurors); Whereas in its judgment of 9 May 2000 the Court: - held, by four votes to three, that there had been a violation of Article 6, paragraph 1, of the Convention; - dismissed, unanimously, the applicant’s claim for just satisfaction; 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 measures which had been taken in consequence of the judgment of 9 May 2000, having regard to the United Kingdom’s obligation under Article 46, paragraph 1, of the Convention to abide by it; 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), Declares, after having taken note of the information supplied by th e Government of the United Kingdom, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.

Appendix to Resolution ResDH (2002)36

Information provided by the Government of the United Kingdom during the examination of the Sander case by the Committee of Ministers

The Government of the United Kingdom has informed the Committee of Ministers that as from the year 2001 a video “ guidance to juries ” has been made available in jury rooms in courts to avoid the repetition violations similar to that found in the present case. Further, the judgment of the European Court of Human Rights has been published in the Criminal Law Review (2000/Crim LR 767). Finally, it drew the Committee’s attention to the fact that the applicant, if he so wishes, may ask for the Review Commission to examine the possibility of quashing the domestic judgment. The government of the United Kingdom considers that the measures taken will prevent the repetition of any new violations similar to that found in this case and that it has therefore fulfilled its obligations under Article 46, paragraph 1, of the Convention.