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McGOFF CASE

Doc ref: 9017/80 • ECHR ID: 001-55478

Document date: May 31, 1985

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Cited paragraphs: 0
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McGOFF CASE

Doc ref: 9017/80 • ECHR ID: 001-55478

Document date: May 31, 1985

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 McGoff case, delivered on 26 October 1984 and transmitted the same

day to the Committee of Ministers;

Recalling that the case had its origin in an application against

Sweden lodged with the European Commission of Human Rights under

Article 25 (art. 25) of the convention by an Irish national,

Mr Anthony McGoff, alleging violation of several provisions of the

convention and, in particular, of Article 5, paragraphs 3 and 4

(art. 5-3, art. 5-4);

Recalling that this case had been brought before the Court by the

European Commission of Human Rights;

Whereas in its judgment of 26 October 1984, the Court unanimously:

- held that it had no jurisdiction to entertain the complaint as to

the alleged existence of "hindrances" contrary to Article 25,

paragraph 1 (art. 25-1), in fine;

- held that there had been a breach of Article 5, paragraph 3

(art. 5-3);

- held that there had been no breach of Article 5, paragraph 4

(art. 5-4);

- rejecting the remainder of the claim for just satisfaction, held

that the Kingdom of Sweden was to pay to the applicant, in respect of

his costs and expenses, the sum of two thousand and seventy Irish

pounds (punt) and 25 pence (IR£2 070.25);

Having regard to the "Rules concerning the application of Article 54

(54) of the convention";

Having invited the Government of Sweden to inform it of the measures

which had been taken in consequence of the judgment, having regard to

its obligations under Article 53 (art. 53) of the convention to abide

by the judgment;

Whereas, during the examination of the case by the Committee of

Ministers, the Government of Sweden informed the Committee of the

measures taken in consequence of the judgment, which information

appears at the appendix to this resolution;

Having satisfied itself that the Government of Sweden has paid to the

applicant the sum under Article 50 (art. 50) of the convention

provided for in the judgment of the Court of 26 October 1984,

Declares, after having taken note of the information supplied by the

government of Sweden, that it has exercised its functions under Article 54

(art. 54) of the convention in this case.

Appendix to Resolution DH (85) 10

Information provided by the Government of Sweden

during the examination of the McGoff case

by the Committee of Ministers

Following the judgment of the European Court of Human Rights, the

Government of Sweden has paid to the applicant, in respect of his

costs and expenses, the sum of 2 070.25 Irish pounds awarded by the

Court under Article 50 (art. 50) of the convention.

The Swedish Commission for revision of certain parts of the Code of

Judicial Procedure, established in the spring of 1983, has been

informed about the judgment of the European Court of Human Rights and

asked to propose and work out the details for such amendments to the

Code as required in order to put it beyond any doubt that it is in

conformity with Article 5, paragraph 3 (art. 5-3), of the convention.

In the meantime, the Government has seen to it that the National

Board of the Judiciary and the Chief Prosecutor publish a summary of

the judgment so as to enable the judiciary and the prosecutors to

avoid creating situations which had been found to constitute a

violation of the said article.

The Swedish Commission has held meetings in different parts of Sweden

informing the police, the prosecutors and the courts of the judgment

of the European Court of Human Rights. The judgment has also been

published in professional publications for police, prosecutors and

judges.

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