FINAL RESOLUTION DH (98) 202

HUMAN RIGHTS

APPLICATION No. 20448/92

A.T. AGAINST THE UNITED KINGDOM

(Adopted by the Committee of Ministers on 10 July 1998

at the 637th 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 (96) 371, adopted on 26 June 1996 in the case of A.T. 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 in respect of the period which elapsed before the applicant was given an initial hearing, and Article 5, paragraph 4, of the Convention in respect of the period which elapsed before the applicant was given a subsequent hearing 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 19 February 1997 ;

Whereas, at the 605th meeting of the Deputies, the Committee of Ministers, held, by a decision adopted on 29 October 1997, 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, 750 pounds sterling in respect of non-pecuniary damage and 10 757.95 pounds sterling less the sums already paid under the Commission’s legal aid scheme in respect of costs and expenses, namely a total sum of 11 507.95 pounds sterling less 4 515 French francs, 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 25 June 1996 and 29 October 1997, 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 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 30 January 1998, the government of the respondent State paid the applicant the total sum of 11 040.53 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 concerning the modalities of default interest payment,

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