Search
document

Document text Analytics

HAMER AGAINST THE UNITED KINGDOM

Doc ref: 7114/75 • ECHR ID: 001-49238

Document date: April 2, 1981

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

HAMER AGAINST THE UNITED KINGDOM

Doc ref: 7114/75 • ECHR ID: 001-49238

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 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 Alan Stanley Hamer against

the United Kingdom (Application No. 7114/75);

Whereas on 11 February 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 25 May 1975 the applicant

complained that he was denied facilities necessary to enable him to

marry whilst he was serving a prison sentence, alleging a violation of

Article 12 (art. 12) of the convention;

Whereas the Commission, after having declared the application

admissible on 13 October 1977, in its report adopted on 13 December 1979

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

to marry in prison and the fact that the Home Secretary would not

allow him temporary release so that he could marry elsewhere, amounted

to an interference with the exercise of his 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 applicant's ability to exercise his right to marry was

substantially delayed by the combined effects of national law and

administrative action;

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 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 changed its practice with regard

to the marriage of prisoners, like Mr Hamer, serving a determinate

custodial sentence, 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;

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.

LEXI

Lexploria AI Legal Assistant