P., K. AND G. AGAINST THE UNITED KINGDOM



     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

on 23 July 1987 by MM. P., K. and G. against the United Kingdom

(Application No. 13195/87);

     Whereas on 10 February 1993 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 their application, declared admissible by the

Commission on 14 October 1991, the applicants complained of being

unable to have the continued lawfulness of their detention

determined by a court while they were serving discretionary life

sentences;

     Whereas in its report adopted on 8 January 1993, the

Commission expressed, unanimously, the opinion that there had

been a violation of Article 5, paragraph 4 (art. 5-4), of the

Convention in the case of all three applicants;

     Whereas, at the 498th meeting of the Ministers' Deputies,

held on 21 September 1993, the Committee of Ministers, agreeing

with the opinion expressed by the Commission, held, having voted

in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention, that there had been in this case

a violation of Article 5, paragraph 4 (art. 5-4), of the

Convention;

     Whereas the Committee of Ministers examined the proposals

made by the Commission when transmitting its report as regards

just satisfaction to be awarded to the applicants;

     Whereas at the same meeting, the Committee of Ministers

authorised direct negotiations between the Government of the

United Kingdom and the applicants, limited to the payment of

costs and expenses;

     Whereas at the 510th meeting of the Ministers' Deputies,

held on 21 March 1994, the Government of the United Kingdom

informed the Committee of Ministers that an agreement had been

reached between the parties according to which the applicants

would receive 5 150 British pounds for costs and expenses;

     Whereas the Committee of Ministers invited the Government

of the United Kingdom to inform it of the measures taken

following its decision of 21 September 1993, having regard to

the United Kingdom's obligation under Article 32, paragraph 4

(art. 32-4), of the Convention to abide by them;

     Whereas the Government of the United Kingdom informed the

Committee of Ministers that the Criminal Justice Act 1991, which

entered into force on 1 October 1992, (see inter alia

Resolution DH (92) 24), would also apply to situations comparable

to the one at issue in the present case;

     Whereas the Committee of Ministers satisfied itself that on

29 April 1994 the Government of the United Kingdom paid the

applicants the total sum of 5 150 British pounds as agreed by the

parties,

     Declares, having taken note of the measures taken by the

Government of the United Kingdom, that it has exercised its

functions under Article 32 (art. 32) of the Convention in this

case;

     Authorises the publication of the report adopted by the

Commission in this case.

 

Full & Egal Universal Law Academy