RESOLUTION DH (77) 2
The Committee of Ministers,
Having regard to 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 31 applications lodged by East African Asians against the
United Kingdom (Nos. 4403/70-4419/70, 4422/70, 4423/70, 4434/70,
4443/70, 4476/70-4478/70, 4486/70, 4501/70 and 4526/70-4530/70);
Whereas on 5 March 1974 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 cases having been brought before the European
Court of Human Rights in pursuance of Article 48 (art. 48) of the
convention;
Whereas in the applications introduced between 10 February and
9 June 1970 the applicants complained of violations of several
articles of the convention in respect of the refusal of the United
Kingdom to admit them into Great Britain or allow them to stay there
permanently;
Whereas the Commission declared on 10 October and 18 December 1970 the
applications admissible in so far as they raised issues under
Articles 3, 5 and 14 (art. 3, art. 5, art. 14) of the convention as
well as the complaints of three applicants in regard to Articles 8 and
14 (art. 8, art. 14) and declared inadmissible all other complaints;
Whereas the Commission in its report adopted on 14 December 1973
expressed the opinion by 8 votes to 3 that Article 3 (art. 3) of the
convention had been violated in the case of 25 applications of
citizens of the United Kingdom and colonies, unanimously that
Article 3 (art. 3) had not been violated in the cases of six
applications of British protected persons, by 10 votes to 1 that
Article 5 (art. 5) had not been violated nor Articles 5 and 14
(art. 14+5) taken together, by 9 votes to 2 that Articles 8 and 14
(art. 14+8) taken together had been violated in the cases of three
applicants;
Whereas the United Kingdom Government, in its memorandum
submitted on 6 May 1975 to the Committee of Ministers, stated that in
its view there was no violation of the convention in the matter
covered by the report of the Commission;
Having taken note with satisfaction of the measures adopted by
the United Kingdom Government to facilitate the entry to the United
Kingdom of United Kingdom passport holders from East Africa and noting
in this respect in particular that all 31 applicants are now settled
in the United Kingdom;
Recalling that the annual quota, having been initially fixed at
1 500 heads of household, was increased progressively to 5 000 by 1975
and also that since 1974 the United Kingdom's immigration rules have
permitted husbands to join wives settled in the United Kingdom;
Noting that as a result of these measures the special vouchers
enabling heads of households and their families to enter the United
Kingdom for settlement are now available on demand in East Africa and
that in this respect the problems which gave rise to the applications
no longer exist;
Voting in accordance with the provisions of Article 32,
paragraph 1 (art. 32-1) of the convention,
Decides:
i. that there had been no violation of Article 3 (art. 3) of the
convention as regards six applications presented by British protected
persons;
ii. that there had been no violation of Article 5 (art. 5) nor of
Articles 5 and 14 (art. 14+5) of the convention taken together;
iii. that, after having noted that the majority of two thirds of the
members entitled to sit, as required by Article 32, paragraph 1
(art. 32-1), of the convention, had not been attained, no further
action is called for in the cases of 25 applications of citizens of
the United Kingdom and colonies with regard to Article 3 (art. 3) of
the convention and in the cases of three applications with regard to
Articles 8 and 14 (art. 14+8) of the convention taken together, and
accordingly removes the examination of the case from its agenda.
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RESOLUTION DH (94) 30
The Committee of Ministers,
Having regard to Resolution DH (77) 2 whereby the Committee
removed the examination of the case from its agenda;
Having regard to the request formulated by the Government
of the United Kingdom on 25 February 1994 to have the report of
the European Commission of Human Rights in this case made public,
Decides to make public the above-mentioned report of the
Commission.
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