Application No. 21177/93
by P.M.
against the United Kingdom
The European Commission of Human Rights sitting in private on
10 October 1994, the following members being present:
MM. C.A. NØRGAARD, President
S. TRECHSEL
A. WEITZEL
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
J.-C. SOYER
H.G. SCHERMERS
H. DANELIUS
Mrs. G.H. THUNE
MM. F. MARTINEZ
C.L. ROZAKIS
Mrs. J. LIDDY
MM. L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
G.B. REFFI
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
N. BRATZA
I. BÉKÉS
J. MUCHA
E. KONSTANTINOV
D. SVÁBY
G. RESS
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 30 November 1992
by P.M. against the United Kingdom and registered on 20 January 1993
under file No. 21177/93;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The facts as submitted by the applicant may be summarised as
follows.
The applicant is an Irish citizen born in 1952 and currently
serving a sentence of life imprisonment in HM Prison Maghaberry in
Northern Ireland. The applicant is represented by Martin Donaghy, a
solicitor practising in Dungannon.
The applicant was convicted of murder in or about January 1979
and was sentenced to mandatory life imprisonment.
The applicant's sentence was reviewed by the Life Sentence Review
Board ("the Board") after he had served ten years. The Board decided
to defer the case for another five years.
On 24 June 1992, the Board reviewed the applicant's case. On 1
July 1992, the applicant was informed that the Board had deferred the
case for another year. He subsequently learned that the co-defendant
at his trial, who also was convicted of murder and received a mandatory
life sentence, had been recommended for release by the Board.
COMPLAINTS
The applicant complained under Article 5 para. 4 of the
Convention that the Life Sentence Review Board is insufficient to
satisfy the requirement of judicial control of the lawfulness of the
his detention.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 30 November 1992 and registered
on 20 January 1993.
On 3 May 1993 the Commission decided to communicate the
application without requesting observations from the respondent
Government.
By letter dated 4 August 1994 the Secretariat of the Commission
provided the applicant's representative with a copy of the judgment of
the European Court of Human Rights in case of Wynne v. the United
Kingdom (judgment of 18 July 1994, to be published in Series A no. 294-
A) and requested the applicant's representative to inform the
Commission whether, in light of that judgment, the applicant wished to
maintain his application.
By letter dated 18 August 1994 the applicant's representative
informed the Commission that the applicant does not wish to continue
further with the application.
REASONS FOR THE DECISION
Having regard to Article 30 para. 1 (a) of the Convention, the
Commission notes that the applicant does not intend to pursue his
application in light of the aforementioned Wynne judgment. Moreover,
in accordance with Article 30 para. 1 in fine of the Convention, the
Commission finds no special circumstances regarding respect for human
rights as defined in the Convention which require the examination of
the application to be continued.
For these reasons the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)
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