The Committee of Ministers, under the terms of Article 54 (art. 54) of
the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the convention"),
Having regard to the judgment of the European Court of Human Rights in
the McGoff case, delivered on 26 October 1984 and transmitted the same
day to the Committee of Ministers;
Recalling that the case had its origin in an application against
Sweden lodged with the European Commission of Human Rights under
Article 25 (art. 25) of the convention by an Irish national,
Mr Anthony McGoff, alleging violation of several provisions of the
convention and, in particular, of Article 5, paragraphs 3 and 4
(art. 5-3, art. 5-4);
Recalling that this case had been brought before the Court by the
European Commission of Human Rights;
Whereas in its judgment of 26 October 1984, the Court unanimously:
- held that it had no jurisdiction to entertain the complaint as to
the alleged existence of "hindrances" contrary to Article 25,
paragraph 1 (art. 25-1), in fine;
- held that there had been a breach of Article 5, paragraph 3
(art. 5-3);
- held that there had been no breach of Article 5, paragraph 4
(art. 5-4);
- rejecting the remainder of the claim for just satisfaction, held
that the Kingdom of Sweden was to pay to the applicant, in respect of
his costs and expenses, the sum of two thousand and seventy Irish
pounds (punt) and 25 pence (IR£2 070.25);
Having regard to the "Rules concerning the application of Article 54
(54) of the convention";
Having invited the Government of Sweden to inform it of the measures
which had been taken in consequence of the judgment, having regard to
its obligations under Article 53 (art. 53) of the convention to abide
by the judgment;
Whereas, during the examination of the case by the Committee of
Ministers, the Government of Sweden informed the Committee of the
measures taken in consequence of the judgment, which information
appears at the appendix to this resolution;
Having satisfied itself that the Government of Sweden has paid to the
applicant the sum under Article 50 (art. 50) of the convention
provided for in the judgment of the Court of 26 October 1984,
Declares, after having taken note of the information supplied by the
government of Sweden, that it has exercised its functions under Article 54
(art. 54) of the convention in this case.
Appendix to Resolution DH (85) 10
Information provided by the Government of Sweden
during the examination of the McGoff case
by the Committee of Ministers
Following the judgment of the European Court of Human Rights, the
Government of Sweden has paid to the applicant, in respect of his
costs and expenses, the sum of 2 070.25 Irish pounds awarded by the
Court under Article 50 (art. 50) of the convention.
The Swedish Commission for revision of certain parts of the Code of
Judicial Procedure, established in the spring of 1983, has been
informed about the judgment of the European Court of Human Rights and
asked to propose and work out the details for such amendments to the
Code as required in order to put it beyond any doubt that it is in
conformity with Article 5, paragraph 3 (art. 5-3), of the convention.
In the meantime, the Government has seen to it that the National
Board of the Judiciary and the Chief Prosecutor publish a summary of
the judgment so as to enable the judiciary and the prosecutors to
avoid creating situations which had been found to constitute a
violation of the said article.
The Swedish Commission has held meetings in different parts of Sweden
informing the police, the prosecutors and the courts of the judgment
of the European Court of Human Rights. The judgment has also been
published in professional publications for police, prosecutors and
judges.