Final resolution DH (99) 346

HUMAN RIGHTS

APPLICATION No. 24835/94

BAXTER AGAINST THE UNITED KINGDOM

(Adopted by the Committee of Ministers on 9 June 1999 at the 672nd 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) 228, adopted on 15 May 1997 in the case of Baxter against the United Kingdom, in which the Committee of Ministers decided that there had been in this case a violation of Article 5, paragraph 4, of the Convention and 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 14 April 1998;

Whereas at the 640th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 25 September 1998, 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, the sum of 1 000 pounds sterling in respect of non-pecuniary damage and, on the basis of an agreement reached between the United Kingdom authorities and the applicant, the sum of 6 999,88 pounds sterling, less 421 pounds sterling already paid as legal aid, in respect of costs and expenses, namely a total sum of 7 578,88 pounds sterling, 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 25 September 1998, 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 accordingly recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through the adoption of sections 28 to 34 of the Crime (Sentences) Act 1997 of 1 October 1997 (see Resolution DH (98) 149 in the Hussain case and Resolution DH (98) 150 in the Singh case) 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 11 February 1999 the Government of the respondent State had paid the applicant the total sum of 7 999,88 pounds sterling as just satisfaction, including default interest,

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.