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 James Gordon
against the United Kingdom (Application No. 10213/82);
Whereas on 4 December 1985 the Commission transmitted the said report
to the Committee of Ministers and whereas a period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the convention
has elapsed without the case having being 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 1982, the
applicant complains that his detention in hospital was unlawful,
contrary to Article 5, paragraph 1 (art. 5-1), of the convention, and
that his right to the judicial determination of the lawfulness of his
detention ensured by Article 5, paragraph 4 (art. 5-4), of the
convention was not respected;
Whereas the Commission, after having declared the application
admissible, in its report adopted on 9 October 1985, expressed the
opinion by an unanimous vote that there was not a violation of
Article 5, paragraph 1 (art. 5-1) and that there was a violation of
Article 5, paragraph 4 (art. 5-4), of the convention;
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 opinion and that the Mental Health (Amendment)
(Scotland) Act 1983, which came into force in September 1984, provided
an appeal procedure for restricted patients like Mr Gordon which was
in conformity with Article 5, paragraph 4 (art. 5-4), of the convention;
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 not been a violation of
Article 5, paragraph 1 (art. 5-1), of the convention;
b. Decides that there has been a violation of Article 5,
paragraph 4 (art. 5-4), of the convention;
c. Decides, having regard to the information supplied by the
Government of the United Kingdom, that no further action is called for
in this case.