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JAMES GORDON AGAINST THE UNITED KINGDOM

Doc ref: 10213/82 • ECHR ID: 001-49264

Document date: September 16, 1986

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JAMES GORDON AGAINST THE UNITED KINGDOM

Doc ref: 10213/82 • ECHR ID: 001-49264

Document date: September 16, 1986

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 by Mr James Gordon

against the United Kingdom (Application No. 10213/82);

Whereas on 4 December 1985 the Commission transmitted the said report

to the Committee of Ministers and whereas a period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the convention

has elapsed without the case having being brought before the European

Court of Human Rights in pursuance of Article 48 (art. 48) of the

convention;

Whereas in his application introduced on 16 November 1982, the

applicant complains that his detention in hospital was unlawful,

contrary to Article 5, paragraph 1 (art. 5-1), of the convention, and

that his right to the judicial determination of the lawfulness of his

detention ensured by Article 5, paragraph 4 (art. 5-4), of the

convention was not respected;

Whereas the Commission, after having declared the application

admissible, in its report adopted on 9 October 1985, expressed the

opinion by an unanimous vote that there was not a violation of

Article 5, paragraph 1 (art. 5-1) and that there was a violation of

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

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the convention;

Whereas during the examination of this case the Committee of Ministers

was informed by the Government of the United Kingdom that it accepted

the Commission's opinion and that the Mental Health (Amendment)

(Scotland) Act 1983, which came into force in September 1984, provided

an appeal procedure for restricted patients like Mr Gordon which was

in conformity with Article 5, paragraph 4 (art. 5-4), of the convention;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the convention,

a. Decides that in this case there has not been a violation of

Article 5, paragraph 1 (art. 5-1), of the convention;

b. Decides that there has been a violation of Article 5,

paragraph 4 (art. 5-4), of the convention;

c. Decides, having regard to the information supplied by the

Government of the United Kingdom, that no further action is called for

in this case.

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