RESOLUTION DH (98) 10

CONCERNING THE JUDGMENT

OF THE EUROPEAN COURT OF HUMAN RIGHTS

OF 2 MAY 1997

IN THE CASE OF D. AGAINST THE UNITED KINGDOM

(Adopted by the Committee of Ministers on 18 February 1998

at the 618th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 54 of the Conven ­ tion for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the D. case delivered on 2 May 1997 and transmitted the same day to the Committee of Ministers ;

Recalling that the case originated in an application (No. 30240/96) against the United Kingdom, lodged with the European Commission of Human Rights on 15 February 1996 under Article 25 of the Convention by Mr D., a St. Kitts national, and that the Commission declared admissible the complaints that the proposed removal of the applicant from the United Kingdom to St. Kitts would place him at risk of reduced life expectancy, of inhuman and degrading treatment and invasion of his physical integrity;

Recalling that the case was brought before the Court by the Commission and by the Government of the United Kingdom of Great Britain and Northern Ireland on 28 October 1996 and 14 November 1996 respectively;

Whereas in its judgment of 2 May 1997 the Court unanimously:

- held that the implementation of the decision to remove the applicant to St. Kitts would violate Article 3 of the Convention;

- held that having regard to its conclusions under Article 3 it was not necessary to examine the applicant’s complaint under Article 2 of the Convention;

- held that the applicant’s complaint under Article 8 of the Convention gave rise to no separate issue;

- held that there had been no violation of Article 13 of the Convention;

- held:

(a) that the respondent State was to pay the applicant, within three months, £35 000 (thirty-five thousand pounds sterling) in respect of costs and expenses less 33 216 (thirty three thousand two hundred and sixteen) French francs to be converted into pounds sterling at the rate applicable at the date of delivery of the present judgment;

(b) that simple interest at an annual rate of 8% should be payable from the expiry of the above-mentioned three months until settlement.

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 of the Convention ;

Having invited the Government of the United Kingdom to inform it of the measures which had been taken in consequence of the judgment of 2 May 1997, having regard to United Kingdom’s obligation under Article 53 of the Convention to abide by it ;             

Whereas, during the examination of the case by the Committee of Ministers, the Government of the United Kingdom gave the Committee information about the measures taken to avoid the impending violation as found in the present judgment; this information appears in the appendix to this resolution;

Having satisfied itself that on 11 August 1997, the Government of the United Kingdom paid the applicant the sum provided for in the judgment of 2 May 1997 including the default interest due, i.e. 31 680.75 pounds sterling,

Declares, after having taken note of the information supplied by the Government of United Kingdom that it has exercised its functions under Article 54 of the Convention in this case.

Appendix to Resolution DH (98) 10

Information provided by the Government of the United Kingdom

during the examination of the D. case

by the Committee of Ministers

The Government of the United Kingdom granted the applicant an indefinite leave which will permit him to remain in the country, where he will continue to receive adequate medical treatment and palliative care.