The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgments of the European Court of Human Rights
in the case of "X against the United Kingdom" delivered on
5 November 1981 and 18 October 1982 and transmitted the same days to
the Committee of Ministers;
Recalling that the case had its origins in an application against the
United Kingdom lodged with the European Commission of Human Rights
under Article 25 (art. 25) of the Convention by X, a United Kingdom
citizen alleging violation of Article 5, paragraphs 1, 2 and 4 of the
Convention (art. 5-1, art. 5-2, art. 5-4);
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas in its judgment of 5 November 1981, the Court holds:
- unanimously that there has been no breach of Article 5,
paragraph 1 (art. 5-1) of the Convention;
- unanimously that there has been a breach of Article 5,
paragraph 4 (art. 5-4);
- by six votes to one that it is not necessary also to examine
the case under Article 5, paragraph 2 (art. 5-2);
- unanimously that the question of the application of Article 50
(art. 50) is not ready for decision;
Whereas in its judgment of 18 October 1982, the Court:
- unanimously takes formal note of the agreement between the
Government and the applicant's estate concerning the Strasbourg costs;
- holds unanimously that the United Kingdom is to pay to the
applicant's estate, in respect of the domestic costs, the sum of three
hundred and twenty-four pounds sterling (£ 324), value added tax
included;
- rejects by six votes to one the remainder of the claim for
just satisfaction;
Having regard to the "Rules concerning the application of Article 54
(art. 54) of the Convention";
Having invited the Government of the United Kingdom to inform it of
the measures which had been taken in consequence of the judgments,
having regard to its obligations under Article 53 (art. 53) of the
Convention to abide by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of the United Kingdom informed the Committee
of Ministers of the measures taken in consequence of the judgments,
which information is summarised in the appendix to this resolution;
Having satisfied itself that the Government of the United Kingdom has
awarded the just satisfaction provided for in the judgment of the
Court of 18 October 1982,
Declares, after having taken note of the information supplied by the
Government of the United Kingdom, that it has exercised its function
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (83) 2
Information provided by the Government of the United Kingdom during
the examination of the case of "X against the United Kingdom" before
the Committee of Ministers
Subsequent to the judgment of the European Court of Human Rights of
5 November 1981, amendments were inserted into the Mental Health
(Amendment) Bill, which was at that time being considered by
Parliament, which amendments were designed to remedy the deficiency in
domestic law found by the European Court.
Subsequent to the judgment of the European Court of 18 October 1982,
these amendments have been enacted and will enter into force on
30 September 1983,
Furthermore, both the agreed sum, in respect of costs incurred in
consequence of proceedings under the Convention, and the sum, which the
Court ordered the Government of the United Kingdom to pay to X's
estate in respect of domestic costs, have been paid.