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 by Mr Alan Stanley Hamer against
the United Kingdom (Application No. 7114/75);
Whereas on 11 February 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 25 May 1975 the applicant
complained that he was denied facilities necessary to enable him to
marry whilst he was serving a prison sentence, alleging a violation of
Article 12 (art. 12) of the convention;
Whereas the Commission, after having declared the application
admissible on 13 October 1977, in its report adopted on 13 December 1979
considered that the fact that national law did not allow the applicant
to marry in prison and the fact that the Home Secretary would not
allow him temporary release so that he could marry elsewhere, amounted
to an interference with the exercise of his 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 applicant's ability to exercise his right to marry was
substantially delayed by the combined effects of national law and
administrative action;
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 opinion 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 it had changed its practice with regard
to the marriage of prisoners, like Mr Hamer, serving a determinate
custodial sentence, 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;
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.