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 on 24 May 1989
by Mr B. against the United Kingdom (Application No. 16791/90);
Whereas on 5 February 1993 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, as declared admissible by the
Commission on 1 July 1992, the applicant complained that he had
been unable to have the continued lawfulness of his detention
determined by a court while he was serving a discretionary life
sentence;
Whereas in its report adopted on 8 December 1992 the
Commission expressed, unanimously, the opinion that there had been
a violation of Article 5, paragraph 4 (art. 5-4), of the
Convention;
Whereas, at the 498th meeting of the Ministers' Deputies held
on 21 September 1993, the Committee of Ministers, agreeing with the
opinion expressed by the Commission, held, having voted in
accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the Convention, that there had been in this case a
violation of Article 5, paragraph 4 (art. 5-4), of the Convention;
Whereas the Committee of Ministers examined the proposals made
by the Commission when transmitting its report as regards the just
satisfaction to be awarded to the applicant;
Whereas at the same meeting, the Committe of Ministers
authorised direct negotiations between the Government of the United
Kingdom and the applicant with regard to the just satisfaction to
be awarded, limited to the payment of costs and expenses;
Whereas the Committee of Ministers invited the Government of
the United Kingdom to inform it of the measures taken following its
decision of 21 September 1993, having regard to the United
Kingdom's obligation under Article 32, paragraph 4 (art. 32-4), of
the Convention to abide by it, and of the outcome of the
negotiations authorised with the applicant;
Whereas the Government of the United Kingdom subsequently
informed the Committe of Ministers that an agreement had been
reached between the parties according to which the applicant would
receive 10 357.60 pounds sterling for costs and expenses;
Whereas the Committee of Ministers satisfied itself that on
23 May 1995 the Government of the United Kingdom paid the applicant
the sum agreed in respect of costs and expenses;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of the United Kingdom informed the
Committee that the measures taken in response to the judgment of
the Court in the case of Thynne, Wilson and Gunnel (see
Resolution DH (92) 24) would prevent the repetition also of the
violation found by the Committee of Ministers in the present case,
Declares, having taken note of the measures taken by the
Government of the United Kingdom, that it has exercised its
functions under Article 32 (art. 32) of the Convention in this
case;
Authorises the publication of the report adopted by the
Commission in this case.
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