Final resolution DH (99) 710

HUMAN RIGHTS

APPLICATION No.  24487/94

GIVEN AGAINST THE UNITED KINGDOM

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 229, adopted on 15 May 1997 in the case of Given against the United Kingdom, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 3. c , of the Convention due to the refusal by the Scottish legal aid Board to grant the applicant legal aid for a criminal appeal, and decided to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 19 October 1998;

Whereas at the 659th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 19 February 1999, in  accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 1 000 pounds sterling in respect of non-pecuniary damage and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 15 May 1997 and 19 February 1999, having regard to the United Kingdom’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through a new system of appeals in criminal cases and legal aid for such appeals introduced by the Criminal Justice Act 1995 (see for example Resolution DH (96) 156 in the case of Maxwell against the United Kingdom), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on the Government of the respondent State had paid the applicant the total sum of 1 000 pounds sterling as just satisfaction within one month of the time-limit set and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers on just satisfaction,

Declares, after having taken note of the measures taken by the Government of the United Kingdom, that it has exercised its fun c tions under Article 32 of the Convention in this case.