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DRAPER AGAINST THE UNITED KINGDOM

Doc ref: 8186/78 • ECHR ID: 001-49237

Document date: April 2, 1981

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Cited paragraphs: 0
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DRAPER AGAINST THE UNITED KINGDOM

Doc ref: 8186/78 • ECHR ID: 001-49237

Document date: April 2, 1981

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32 (art. 32) of

the Convention for the 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 Sidney Draper against the

United Kingdom (Application No. 8186/78);

Whereas on 17 September 1980 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 16 November 1977 the

applicant complained that he was denied facilities necessary to enable

him to marry whilst serving a sentence of life imprisonment;

Whereas the Commission after having declared the application

admissible on 1 May 1979, in its report adopted on 10 July 1980

considered that the fact that national law did not allow the applicant

to marry in prison and that the prison authorities refused to allow

him temporary release so that he could marry elsewhere amounted to an

interference with the exercise of the applicant's right to marry, that

the imposition of any substantial period of delay in the exercise of

this right must in general be seen as an injury to its substance and

that the restrictions imposed on the applicant's ability to exercise his

right to marry which had resulted from the combined effects of

national law and administrative action, involved an injury to the

substance of that right;

Whereas in its report the Commission expressed the unanimous opinion

that the applicant's right to marry guaranteed by Article 12 (art. 12)

of the convention had been violated;

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 this case the Committee of Ministers

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

the Commission's report, that a decision had been taken to prepare

legislation to amend the marriage laws so as to allow prisoners to be

married in prison, that it hoped that there would be an early

opportunity to introduce this legislation after the passage of which

it intended to allow prisoners' marriages without the restrictions and

delays which at present apply, and that facilities to marry had been

offered to Mr Draper;

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 12 (art. 12) 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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