Resolution ResDH (2001)105 concerning the judgment of the European Court of Human Rights of 6 June 2000 (final on 6 September 2000) in the case of Downing against the United Kingdom

(Adopted by the Committee of Ministers on 23 July 2001 at the 760 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 the judgment of the European Court of Human Rights in the Downing case delivered on 6 June 2000 and transmitted to the Com mittee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 36525/97) against the United Kingdom, lodged with the European Commission of Human Rights on 18 April 1997 under former Article 25 of the Convention by Mr Stephen Downing, a British national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint according to which the applicant had been unable to obtain a judicial review of the lawfulness of his continued detention during Her Majesty’s Pleasure;

Whereas in its judgment of 6 June 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent state and the applicant s , 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 the United Kingdom would pay the applicant the sum of 500 pounds sterling in respect of non-pecuniary damage together with reasonable and necessary legal costs incurred;

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;

Having satisfied itself that on 21 August 2000, the Government of the respondent state paid the applicant the sum provided for in the friendly settlement and recalling that measures had already been taken to avoid new violations of the same kind in the future, notably in the context of the cases of Hussain and Singh (Resolutions DH(1998)149 and DH(1998)150 respectively),

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