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CASE OF THYNNE, WILSON AND GUNNELL AGAINST THE UNITED KINGDOM

Doc ref: 11787/85;11978/86;12009/86 • ECHR ID: 001-55530

Document date: June 15, 1992

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Cited paragraphs: 0
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CASE OF THYNNE, WILSON AND GUNNELL AGAINST THE UNITED KINGDOM

Doc ref: 11787/85;11978/86;12009/86 • ECHR ID: 001-55530

Document date: June 15, 1992

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention 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 case of Thynne, Wilson and Gunnell delivered

on 25 October 1990 and transmitted the same day to the Committee

of Ministers;

Recalling that the case originated in three applications

against the United Kingdom lodged with the European Commission

of Human Rights on 3 June 1985, 1 September 1985 and

24 April 1985 under Article 25 (art. 25) of the Convention by

Mr Michael Keith Thynne, Mr Benjamin Wilson and Mr Edward James

Gunnell, British nationals, who complained of the absence under

United Kingdom law of a judicial procedure to determine the

continued lawfulness of their detention pursuant to a

discretionary life sentence or in the case of the two last

applicants their re-detention following release on licence;

Recalling that the case was brought before the Court by the

Commission on 12 October 1989;

Whereas in its judgment of 25 October 1990 the Court:

- held, by eighteen votes to one, that there had been a

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

Convention in the case of all three applicants;

- held, by eighteen votes to one, that there had been a

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

case of Mr Wilson;

- held unanimously that the United Kingdom was to pay to

the applicants, in respect of costs and expenses, the

sums resulting from the calculations to be made in

accordance with paragraph 87 of the judgment;

- dismissed unanimously the remainder of the claim for

just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 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 25 October 1990, having regard to its obligation

under Article 53 (art. 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 in consequence of

the judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of the United

Kingdom has paid to the applicants the sums provided for in the

judgment,

Declares, after having taken note of the information

supplied by the Government of the United Kingdom, that it has

exercised its functions under Article 54 (art. 54) of the

Convention in this case.

Appendix to Resolution DH(92)24

Information provided by the Government of

the United Kingdom during the examination

of the case of Thynne, Wilson and Gunnell

by the Committee of Ministers

The Criminal Justice Act 1967 was amended by the Criminal

Justice Act 1991 which will be brought into force as from

October 1992. Under Section 34 of the 1991 Act, a discretionary

life prisoner will henceforth be able to require the Secretary

of State to refer his case to the Parole Board at any time after

he has served the relevant part of his sentence as specified by

the sentencing court and, where there has been a previous

reference of his case to the board, after the end of a period of

two years beginning with the disposal of that reference. If the

Parole Board directs the release of a discretionary life

prisoner, it shall be the duty of the Secretary of State

to release him. Under Section 39 of the act the Secretary of

State will also be obliged to order the immediate release of a

person whose release on licence was revoked and who was recalled

to prison, if the Parole Board so directs.

According to Section 32 (5), the Secretary of State may make

rules with respect to the proceedings of the Parole Board. It

is intended that provision will be made in such rules for oral

hearings before the Parole Board and for the disclosure to

discretionary life prisoners of adverse material which the board

has in its possession, both in respect of prisoners where the

relevant part of their sentence has expired and whose cases are

referred to the board under Section 34 and in respect of such

prisoners who have been recalled after release on licence and

whose cases are referred to the board under Section 39. These

rules will be brought into force with the relevant provisions of

the 1991 act, in October 1992.

In view of the above the Government of the United Kingdom

considers that it has taken the measures required as a result of

the finding of a violation by the Court of Article 5,

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

The Government of the United Kingdom considers that,

provided the national law complies with the states' obligations

under Article 5, paragraphs 1 to 4 (art. 5-1, art. 5-2, art. 5-3,

art. 5-4), of the Convention, no question of a "right to

compensation" arises since Article 5, paragraph 5

(art. 5-5), does not require in itself that paragraphs 1 to 4 of

Article 5 (art. 5-1, art. 5-2, art. 5-3, art. 5-4) be

incorporated into domestic law. As the Government of the United

Kingdom is not incorporating the Convention as such into British

law, and is not obliged to do so, it follows that there is no

basis on which it could legislate for Article 5, paragraph 5

(art. 5-5), of the Convention.

The costs and expenses of Mr Thynne (£ 3 707,58) were paid

on 7 November 1990. The costs and expenses of

Messrs. Wilson and Gunnell (£ 17 923,87) were paid

on 28 November 1990.

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