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.