PARTLY DISSENTING OPINION OF JUDGE SIR VINCENT EVANS

1.   I regret that I am unable to agree with the opinion of the majority of the Court that Article 6 (art. 6) of the Convention has been violated as regards the Board of Visitors ’ proceedings in the case of Mr. Campbell. In my view, Article 6 (art. 6) was not applicable to these proceedings because they were not concerned with the determination of any criminal charge against Mr. Campbell, or of his civil rights or obligations, within the meaning of that Article (art. 6).

2.   In its judgment of 8 June 1976 in the case of Engel and Others, the Court recognised that the Convention allows the Contracting States to make a distinction between disciplinary proceedings and criminal proceedings and to draw the dividing line, provided that "the disciplinary does not improperly encroach on the criminal" and "lead to results incompatible with the purpose and object of the Convention" (Series A no. 22, pp. 33-34, paras. 80-81).

3.   In determining whether the "charges" in the Engel and Others case, though vested by the State with a disciplinary character, nonetheless counted as "criminal" within the meaning of Article 6 (art. 6), the Court expressly limited itself to the sphere of military service (ibid., pp. 34-35, para. 82), and in paragraph 69 of its judgment in the present case it acknowledges that there are practical reasons and reasons of policy for establishing a special disciplinary regime in the prison context. Nevertheless, applying the criteria stated in its Engel and Others judgment and in its judgment of 21 February 1984 in the Oztürk case (Series A no. 73, pp. 17-18, paras. 48-50), the Court has reached the conclusion that Article 6 (art. 6) was applicable to the disciplinary proceedings against Mr. Campbell. Even applying these criteria, the Court is wrong, in my opinion, in characterizing as "criminal" for the purposes of Article 6 (art. 6) charges which, as regards both the offences and the sanctions concerned, were essentially of a disciplinary nature. As a result, the Court has extended the requirements of Article 6 (art. 6) to proceedings to which I do not consider they were intended to be applicable.

4.   No doubt, as the Government indeed admitted, criminal charges under English law might have been brought against Mr. Campbell on the basis of the same facts. It does not, however, follow, even in accordance with the criteria stated in the Engel and Others judgment, that if disciplinary charges are brought in such circumstances they should be treated as criminal for the purposes of Article 6 (art. 6). There might be conduct which, although theoretically it could constitute both criminal and disciplinary offences, should properly be dealt with as criminal, as for example the murder of a prison officer. But the acts of which Mr. Campbell was accused, consisting of collective insubordination and defiance of prison authorities albeit with the use of violence on his part, were, though serious, clearly of a disciplinary character and appropriately charged as such.

5.   The sanctions involved were also peculiarly disciplinary. Their aim was the maintenance of good order and behaviour within the prison. In particular, remission of part of a sentence of imprisonment is granted to a prisoner under section 25 (1) of the Prison Act 1952 on the ground of industry and good conduct. Forfeiture of remission has a correspondingly disciplinary function. Like the other awards which may be made under the Prison Rules 1964 for disciplinary offences, it is not a sanction of a kind which belongs to the "criminal" sphere. The loss of remission awarded by the Board of Visitors in Mr. Campbell ’ s case was severe, but it did not and could not cause his term of imprisonment to exceed that to which he had been sentenced and thus it remained within the disciplinary sphere.

6.   For these reasons I consider that the Government were justified in not regarding the charges against Mr. Campbell which gave rise to the Board of Visitors ’ proceedings as "criminal" within the meaning of Article 6 (art. 6).

7.   Having found that Article 6 (art. 6) was applicable by reason of the "especially grave" character of the offence with which Mr. Campbell was charged and the nature and severity of the penalty that he risked incurring and did in fact incur, the Court did not consider it necessary to examine whether the Board of Visitors ’ adjudication involved a "determination" of "civil rights". In my opinion it did not. The object of the proceedings before the Board was clearly disciplinary and not the determination of "civil rights and obligations" within the meaning of Article 6 (art. 6) (see in this connection my dissenting opinion in the case of Le Compte, Van Leuven and De Meyere, Series A no. 43, pages 43-44).

8.   I wish to add, however, that even on the assumption that Article 6 (art. 6) was applicable for the reasons stated by the Court, I share the view reached in the judgment that there were no reasons to conclude that the Board of Visitors which heard Mr. Campbell ’ s case was not "independent" or "impartial" within the meaning of Article 6 (art. 6) or that any violation of paragraphs 2 or 3 (a) or (d) of Article 6 (art. 6-2, art. 6-3-a, art. 6-3-d) had been established or that he was denied a "fair" hearing by the Board. I also agree that there were sufficient reasons of public order and security justifying the exclusion of the press and public from the proceedings against Mr. Campbell.

9.   On all issues other than those concerned with the application of Article 6 (art. 6) to the Board of Visitors ’ proceedings in Mr. Campbell ’ s case, I am in agreement with the Court ’ s judgment.

[*]  Note by the registry: In the version of the Rules applicable when proceedings were instituted.  A revised version of the Rules entered into force on 1 January 1983 , but only in respect of cases referred to the Court after that date.