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 John Fulton Orchin against
the United Kingdom (Application No. 8435/78);
Whereas on 26 November 1982 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 1 September 1978, the
applicant complained that the proceedings against him had lasted an
unreasonable length of time, invoking Articles 3, 6 and 14 (art. 3,
art. 6, art. 14) of the Convention;
Whereas the Commission declared the application admissible on
6 March 1982;
Whereas the Commission in its report adopted on 9 October 1982
expressed, as to Article 3 (art. 3) of the Convention, the unanimous
opinion that there was no appearance of any breach of that article;
as to Article 14 (art. 14) of the Convention, the unanimous opinion
that there was no evidence that the bringing of proceedings against
the applicant, or their duration, was in any way motivated by his
political opinions or status as a member of the protestant or loyalist
community and that there was therefore no appearance of any breach of
that article either; and as to Article 6, paragraph 1 (art. 6-1), of
the Convention, the unanimous opinion that the applicant's allegations
that the charges were deliberately left hanging over him for improper
reasons lacked credibility and did not warrant further investigation
but, by thirteen votes to one, the opinion that the delay, which was
due to administrative error or oversight, caused the duration of the
proceedings to exceed a "reasonable time" and that there was therefore
a breach of Article 6 (art. 6);
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 the Director of Public Prosecutions for
Northern Ireland had issued further instructions to his staff with the
object of expediting trials and obtaining the prompt disposal of all
pending proceedings, that a practice was now in operation whereby the
listing of cases for trial on indictment, following the implementation
of the Judicature (Northern Ireland) Act 1978, was the responsibility
of an officer of the Northern Ireland Court Service and that it was
the duty of this officer, for which he was responsible to the Lord
Chief Justice, to list all cases committed for trial and have them
brought forward for disposal;
Noting with satisfaction the new procedures that have been introduced;
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
Articles 3 or 14 (art. 3, art. 14) of the Convention;
b. Decides that in this case there has been a violation of
Article 6, paragraph 1 (art. 6-1) of the Convention, and
c. Decides that no further action is called for in this case.