Application No. 28788/95
by Josiah CLIFTON
against the United Kingdom
The European Commission of Human Rights (First Chamber) sitting
in private on 28 October 1997, the following members being present:
Mrs J. LIDDY, President
MM M.P. PELLONPÄÄ
E. BUSUTTIL
A. WEITZEL
C.L. ROZAKIS
L. LOUCAIDES
B. MARXER
B. CONFORTI
N. BRATZA
I. BÉKÉS
G. RESS
A. PERENIC
C. BÎRSAN
K. HERNDL
M. VILA AMIGÓ
Mrs M. HION
Mr R. NICOLINI
Mrs M.F. BUQUICCHIO, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 6 March 1995 by
Josiah Clifton against the United Kingdom and registered on
28 September 1995 under file No. 28788/95;
Having regard to:
- the reports provided for in Rule 47 of the Rules of Procedure of
the Commission;
- the observations submitted by the respondent Government on
8 November 1996 and the correspondence with the applicant;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a United Kingdom citizen born in 1941 and
residing in Redruth, Cornwall. Before the Commission he is represented
by Mr Bryan Burton, a solicitor practising in Penzance, Cornwall.
The facts of the case as submitted by the parties may be
summarised as follows.
The applicant was subject to community charge (poll tax) due to
the local authority, Kerrier District Council.
Upon the request of the local authority on 20 November 1991, on
1 December 1993 and again on 9 February 1994 the Camborne Justices,
sitting at the local Magistrates' Court, granted three liability orders
in respect of the applicant's community charge arrears for an amount
totalling £ 834.97.
On 15 June 1994, at a hearing concerning the reasons for the
applicant's failure to pay the amounts due, the Camborne Justices
sentenced the applicant to 28 days' imprisonment, suspended.
The applicant was recalled to the Justices on 20 October 1994.
The Justices adjourned the hearing to 9 November 1994 in order to give
the applicant one last chance to come to some arrangement with the
local authority.
Thereupon the applicant paid £ 5 in each of the three weeks
before the adjourned hearing. The local authority accepted the money
but allegedly refused to discuss any arrangement.
On 9 November 1994, at the restored hearing, the Camborne
Justices found that the applicant had had enough chances and sentenced
him to 25 days' imprisonment with immediate effect.
At the hearings on 20 October and 9 November 1994 the applicant
was represented pro-bono by a local solicitor.
The applicant served 4 days in prison. He applied for, and was
granted, release on bail and leave to apply for judicial review before
the High Court.
The application for judicial review was not opposed by the local
community charge authority and the Magistrates' Court agreed to sign
a consent order. The grounds therefor have not been substantiated.
On 13 July 1995 the High Court quashed the applicant's committal to
prison.
COMPLAINTS
The applicant complains under Article 5 para. 1 of the Convention
that his detention was unlawful. He also complains under Article 5
para. 5 of the Convention of the lack of compensation for the unlawful
detention.
Under Article 6 of the Convention the applicant submits that he
should have been entitled to legal aid before the Camborne Justices.
The applicant refers to the Commission's report in the case of
Stephen Benham (Application No. 19380/92, Comm. Report 29.11.94).
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 6 March 1995 and registered on
28 September 1995.
On 26 June 1996 the Commission decided to communicate the
application to the respondent Government.
The Government's written observations were submitted on
8 November 1996, after an extension of the time-limit fixed for that
purpose. On 3 December 1996 these observations were transmitted to the
applicant who was invited to submit observations in reply before
23 January 1997. This time-limit was thereafter extended to
24 February 1997 upon the applicant's request.
On 15 April 1997 the Commission granted the applicant legal aid.
On 29 April 1997 the Secretariat wrote to the applicant noting
that no observations in reply had been received and warning him about
the provision of Article 30 para. 1 (a) of the Convention. By letter
of 13 May 1997 the applicant requested another extension of the time-
limit for the submission of his observations. This request was
exceptionally granted and the time-limit was fixed for 24 June 1997.
On 11 July 1997 the applicant requested again an extension of the time-
limit for his observations in reply. This request was refused. The
applicant was informed that if he nevertheless wished to submit his
reply he could do so, and that the Commission would decide whether to
take it into consideration. The applicant was further informed that
his application would be put before the Commission during its session
beginning on 20 October 1997. The applicant did not submit
observations in reply.
THE LAW
The Commission notes that the applicant, who is legally
represented, did not submit observations in reply to the Government's
observations despite several reminders and despite the fact that legal
aid was granted for the submission of such observations.
In these circumstances, the Commission concludes pursuant to
Article 30 para. 1 (a) and (c) of the Convention that the applicant
does not intend to pursue his application and that it is, therefore,
no longer justified to continue the examination of the petition.
Moreover, there are no reasons of a general character affecting respect
for Human Rights as defined in the Convention which require the further
examination of this application.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
M.F. BUQUICCHIO J. LIDDY
Secretary President
to the First Chamber of the First Chamber
Full & Egal Universal Law Academy