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CASE OF X. v. THE UNITED KINGDOM

Doc ref: 7215/75 • ECHR ID: 001-55411

Document date: March 23, 1983

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Cited paragraphs: 0
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CASE OF X. v. THE UNITED KINGDOM

Doc ref: 7215/75 • ECHR ID: 001-55411

Document date: March 23, 1983

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 judgments of the European Court of Human Rights

in the case of "X against the United Kingdom" delivered on

5 November 1981 and 18 October 1982 and transmitted the same days to

the Committee of Ministers;

Recalling that the case had its origins in an application against the

United Kingdom lodged with the European Commission of Human Rights

under Article 25 (art. 25) of the Convention by X, a United Kingdom

citizen alleging violation of Article 5, paragraphs 1, 2 and 4 of the

Convention (art. 5-1, art. 5-2, art. 5-4);

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

European Commission of Human Rights;

Whereas in its judgment of 5 November 1981, the Court holds:

- unanimously that there has been no breach of Article 5,

paragraph 1 (art. 5-1) of the Convention;

- unanimously that there has been a breach of Article 5,

paragraph 4 (art. 5-4);

- by six votes to one that it is not necessary also to examine

the case under Article 5, paragraph 2 (art. 5-2);

- unanimously that the question of the application of Article 50

(art. 50) is not ready for decision;

Whereas in its judgment of 18 October 1982, the Court:

- unanimously takes formal note of the agreement between the

Government and the applicant's estate concerning the Strasbourg costs;

- holds unanimously that the United Kingdom is to pay to the

applicant's estate, in respect of the domestic costs, the sum of three

hundred and twenty-four pounds sterling (£ 324), value added tax

included;

- rejects by six votes to one the remainder of the claim for

just satisfaction;

Having regard to the "Rules 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 judgments,

having regard to its obligations under Article 53 (art. 53) of the

Convention to abide by the judgments;

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

Ministers, the Government of the United Kingdom informed the Committee

of Ministers of the measures taken in consequence of the judgments,

which information is summarised in the appendix to this resolution;

Having satisfied itself that the Government of the United Kingdom has

awarded the just satisfaction provided for in the judgment of the

Court of 18 October 1982,

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

Government of the United Kingdom, that it has exercised its function

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (83) 2

Information provided by the Government of the United Kingdom during

the examination of the case of "X against the United Kingdom" before

the Committee of Ministers

Subsequent to the judgment of the European Court of Human Rights of

5 November 1981, amendments were inserted into the Mental Health

(Amendment) Bill, which was at that time being considered by

Parliament, which amendments were designed to remedy the deficiency in

domestic law found by the European Court.

Subsequent to the judgment of the European Court of 18 October 1982,

these amendments have been enacted and will enter into force on

30 September 1983,

Furthermore, both the agreed sum, in respect of costs incurred in

consequence of proceedings under the Convention, and the sum, which the

Court ordered the Government of the United Kingdom to pay to X's

estate in respect of domestic costs, have been paid.

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