C., MEDWAY AND BALL AGAINST THE UNITED KINGDOM
Doc ref: 7099/75;7699/76;9292/81 • ECHR ID: 001-49254
Document date: January 25, 1985
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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 reports drawn up by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the convention
relating to the applications lodged by MM. C., Andrew George Medway
and Ian Ball against the United Kingdom (Applications Nos. 7099/75,
7699/76 and 9292/81);
Whereas on 21 September 1983 the Commission transmitted the said
reports 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 cases having been brought before
the European Court of Human Rights in pursuance of Article 48
(art. 48) of the convention;
Whereas in their applications introduced between 25 May 1975 and
5 November 1980 the applicants complained principally of their
compulsory, indefinite detention in a mental hospital without a
periodic judicial review of its substantive justification, alleging
violation, inter alia, of Article 5, paragraph 4 (art. 5-4), of the
convention and in the case of "C." invoking Articles 6, paragraph 1,
13 and 14 (art. 6-1, art. 13, art. 14) of the convention;
Whereas the Commission, after having declared the applications
admissible, in its reports adopted on 13 July 1983, having referred to
the judgment of the European Court of Human Rights of 5 November 1981
in the case of "X against the United Kingdom", expressed the opinion
by a unanimous vote that there was a violation of Article 5,
paragraph 4 (art. 5-4), of the convention and in the case of "C." that
it was not necessary to pursue a further examination of the
applicant's complaint in the light of Articles 13 and 14 (art. 13,
art. 14) of the convention;
Agreeing with the opinions expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Whereas during the examination of these cases, the Committee of
Ministers was informed by the Government of the United Kingdom that it
accepted the Commission's opinions; that the United Kingdom
legislation, as amended subsequent to the judgment of the European
Court of Human Rights in the case of "X against the United Kingdom"
with a view to remedying the deficiency in domestic law found by the
Court, had now entered into force; and that this new legislation
eliminated the circumstances which had given rise to these cases;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the convention,
a. Decides that in these cases there has been a violation of
Article 5, paragraph 4 (art. 5-4), of the convention;
b. Decides, having regard to the information supplied by the
Government of the United Kingdom, that no further action is called for
in these cases.