INTERIM resolution DH (99) 131

HUMAN RIGHTS

APPLICATION No. 26109/95

SANTA CRUZ RUIZ AGAINST THE UNITED KINGDOM

(Adopted by the Committee of Ministers on 19 February 1999 at the 659th 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 the report drawn up on 1 July 1998 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the applic a tion lodged on 28 April 1994 by a Spanish national, Mr Eusebio Santa Cruz Ruiz, against the United Kingdom;

Whereas on 25 August 1998 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, par a graph 1, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Art i cle 48 of the Convention;

Whereas in his application, as declared admissible by the Commission on 22 October 1997, the applicant complained that he had been arrested and detained unlawfully; that he had not been compensated for this; and that proceedings against him had been unfair in that he had not been informed of the nature and cause of the allegation against him; that he did not have adequate time and facilities to prepare his defence as legal aid was not available and he was not legally represented before the Magistrates’ Court;

Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 1 of the Convention, that there had been a violation of Article 5, paragraph 5, of the Convention, and that there had been a violation of Article 6, paragraphs 1 and 3, of the Convention;

Whereas at the 659th meeting of the Ministers' Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 19 February 1999, that there had been in this case a violation of Article 5, paragraph 1, of the Convention, that there had been a violation of Article 5, paragraph 5, of the Convention, and that there had been a violation of Article 6, paragraphs 1 and 3, of the Convention;

Authorises the publication of the report adopted by the Commission in this case;

Decides to pursue the examination of the present case, in accordance with Art i cle 32 of the Convention with a view to adopting the final resolution.