The Committee of Ministers, under the terms of Article 32 (art. 32) of
the Convention for the 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 Mr Sidney Draper against the
United Kingdom (Application No. 8186/78);
Whereas on 17 September 1980 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 16 November 1977 the
applicant complained that he was denied facilities necessary to enable
him to marry whilst serving a sentence of life imprisonment;
Whereas the Commission after having declared the application
admissible on 1 May 1979, in its report adopted on 10 July 1980
considered that the fact that national law did not allow the applicant
to marry in prison and that the prison authorities refused to allow
him temporary release so that he could marry elsewhere amounted to an
interference with the exercise of the applicant's right to marry, that
the imposition of any substantial period of delay in the exercise of
this right must in general be seen as an injury to its substance and
that the restrictions imposed on the applicant's ability to exercise his
right to marry which had resulted from the combined effects of
national law and administrative action, involved an injury to the
substance of that right;
Whereas in its report the Commission expressed the unanimous opinion
that the applicant's right to marry guaranteed by Article 12 (art. 12)
of the convention had been violated;
Agreeing with the opinions 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 a decision had been taken to prepare
legislation to amend the marriage laws so as to allow prisoners to be
married in prison, that it hoped that there would be an early
opportunity to introduce this legislation after the passage of which
it intended to allow prisoners' marriages without the restrictions and
delays which at present apply, and that facilities to marry had been
offered to Mr Draper;
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 12 (art. 12) 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.