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B. AGAINST THE UNITED KINGDOM

Doc ref: 16791/90 • ECHR ID: 001-49586

Document date: June 7, 1995

Inbound citations: 0
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Cited paragraphs: 0
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B. AGAINST THE UNITED KINGDOM

Doc ref: 16791/90 • ECHR ID: 001-49586

Document date: June 7, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 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 by the European

Commission of Human Rights in accordance with Article 31 (art. 31)

of the Convention relating to the application lodged on 24 May 1989

by Mr B. against the United Kingdom (Application No. 16791/90);

Whereas on 5 February 1993 the Commission transmitted the said

report to the Committee of Ministers and whereas the period of

three months provided for in Article 32, paragraph 1 (art. 32-1),

of the Convention has elapsed without the case having been brought

before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the Convention;

Whereas in his application, as declared admissible by the

Commission on 1 July 1992, the applicant complained that he had

been unable to have the continued lawfulness of his detention

determined by a court while he was serving a discretionary life

sentence;

Whereas in its report adopted on 8 December 1992 the

Commission expressed, unanimously, the opinion that there had been

a violation of Article 5, paragraph 4 (art. 5-4), of the

Convention;

Whereas, at the 498th meeting of the Ministers' Deputies held

on 21 September 1993, the Committee of Ministers, agreeing with the

opinion expressed by the Commission, held, having voted in

accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case a

violation of Article 5, paragraph 4 (art. 5-4), of the Convention;

Whereas the Committee of Ministers examined the proposals made

by the Commission when transmitting its report as regards the just

satisfaction to be awarded to the applicant;

Whereas at the same meeting, the Committe of Ministers

authorised direct negotiations between the Government of the United

Kingdom and the applicant with regard to the just satisfaction to

be awarded, limited to the payment of costs and expenses;

Whereas the Committee of Ministers invited the Government of

the United Kingdom to inform it of the measures taken following its

decision of 21 September 1993, having regard to the United

Kingdom's obligation under Article 32, paragraph 4 (art. 32-4), of

the Convention to abide by it, and of the outcome of the

negotiations authorised with the applicant;

Whereas the Government of the United Kingdom subsequently

informed the Committe of Ministers that an agreement had been

reached between the parties according to which the applicant would

receive 10 357.60 pounds sterling for costs and expenses;

Whereas the Committee of Ministers satisfied itself that on

23 May 1995 the Government of the United Kingdom paid the applicant

the sum agreed in respect of costs and expenses;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of the United Kingdom informed the

Committee that the measures taken in response to the judgment of

the Court in the case of Thynne, Wilson and Gunnel (see

Resolution DH (92) 24) would prevent the repetition also of the

violation found by the Committee of Ministers in the present case,

Declares, having taken note of the measures taken by the

Government of the United Kingdom, that it has exercised its

functions under Article 32 (art. 32) of the Convention in this

case;

Authorises the publication of the report adopted by the

Commission in this case.

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