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B AGAINST THE UNITED KINGDOM

Doc ref: 6870/75 • ECHR ID: 001-49248

Document date: April 22, 1983

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B AGAINST THE UNITED KINGDOM

Doc ref: 6870/75 • ECHR ID: 001-49248

Document date: April 22, 1983

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 B. against the United Kingdom

(No. 6870/75);

Whereas on 1 March 1982 the Commission transmitted the said report 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 case having been brought before the European

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

Convention;

Whereas, in his application introduced on 17 October 1974, the

applicant complained that his detention in a special mental hospital

constituted inhuman and degrading treatment and an unjustified

deprivation of liberty, alleging violation of Articles 3 and

5 (art. 3, art. 5) of the Convention;

Whereas the Commission, after having declared the application

admissible on 14 May 1977 in respect of Article 3 (art. 3) and on

7 May 1981 in repect of Article 5 (art. 5) of the Convention, has

expressed in its report the opinion by 8 votes to 5 that there had

been no violation of Article 3 (art. 3), by 12 votes to 2 with

1 abstention that there had been no violation of Article 5, paragraph 1

(art. 5-1), and unanimously that there had been 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 report, that it had already, in the light of

the judgment of the European Court of Human Rights in another similar

case known as "X against the United Kingdom", inserted proposals in

the Mental Health (Amendment) Bill submitted to the United Kingdom

Parliament for amending United Kingdom legislation in such a way as

will in its opinion remedy the deficiency held to exist by the

European Court in that case and by the Commission in this case and

that the United Kingdom Parliament had adopted this new legislation;

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 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 this case.

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