Interim Resolution ResDH (2001)79 concerning the judgment of the European Court of Human Rights of 18 February 1999 in the case of Matthews against the United Kingdom

(Adopted by the Committee of Ministers on 26 June 2001 at the 757 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 case of Matthews against the United Kingdom, delivered on 18 February 1999 , in which the Court, notably, held that there had been a breach of Articl e 3 of Protocol No. 1, due to the inability of the applicant to vote in elections to the European Parliament in Gibraltar and that the respondent state was to pay the applicant, within three months, certain sums for just satisfaction;

Having regard to the Rules adopted for the application of Article 46, paragraph 2, of the Convention;

Having invited the Government of the United Kingdom to inform it of the measures which had been taken following the judgment of 18 February 1999, with regard to the United Kingdom’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Having been informed that the Government of the United Kingdom paid, within the time-limit set, the just satisfaction awarded by the Court, and that the judgment has received extensive newspaper coverage and has also been published in the Human Rights Report , Human Rights Digest and other legal journals;

Recalling that the undertaking of the contracting states to abide by the Court's judgments (Article 46, paragraph 1, of the Convention) implies, inter alia , an obligation to take general measures in order to prevent effectively new violations of the Convention similar to those found in the Court’s judgments;

Aware of the complexity of the issues raised by this judgment;

Noting the United Kingdom’s unequivocal acceptance of its obligation and the fact that it is actively seeking enfranchisement of Gibraltar before the 2004 elections to the European Parliament;

Noting, however, that more than two years after the Court's judgment, the legal provisions which led to the violation of Article 3 of the Protocol No. 1, are still in force and that no adequate measures have yet been presented with a view to preventing new similar violations in the future;

Urges the United Kingdom to take the necessary measures to secure the rights under Article 3 of Protocol No. 1 in respect of elections to the European Parliament in Gibraltar,

Decides, accordingly, if need be, to resume consideration of the present case at each of its forthcoming meetings in order to ensure the proper execution of the Court's judgment.