AS TO THE ADMISSIBILITY OF
Application No. 27357/95
by Christopher RODGERS
against the United Kingdom
The European Commission of Human Rights (First Chamber)
sitting in private on 9 April 1997, the following members being
present:
Mrs. J. LIDDY, President
MM. M.P. PELLONPÄÄ
E. BUSUTTIL
A. WEITZEL
C.L. ROZAKIS
L. LOUCAIDES
B. MARXER
B. CONFORTI
I. BÉKÉS
G. RESS
A. PERENIC
C. BÎRSAN
K. HERNDL
M. VILA AMIGÓ
Mrs. M. HION
Mr. R. NICOLINI
Mrs. M.F. BUQUICCHIO, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 24 April 1995 by
Christopher Rodgers against the United Kingdom and registered on
16 May 1995 under file No. 27357/95;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having regard to the reports provided for in Rule 47 of the Rules
of Procedure of the Commission and the respondent Government's
indication that they have no observations on the admissibility of the
applicant's complaints;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a British citizen, born in 1973 and is currently
resident in Motherwell. He is represented before the Commission by
Mr. Gilbert Blades, a solicitor practising in Lincoln. The facts as
submitted by the applicant may be summarised as follows.
A. Particular circumstances of the case.
In August 1994 the applicant, then a Senior Aircraftman in the
Royal Air Force, was charged with making a hoax bomb call and being
absent without leave contrary to sections 69 and 37 of the Air Force
Act 1955.
The Convening Officer, by order dated 31 August 1994, convened
a district court-martial to try the applicant on the charges. The
applicant pleaded guilty to the charges against him at the court-
martial hearing. On 31 October 1994 the court-martial sentenced the
applicant to detention for 15 months and to dismissal from the air
force.
On 23 November 1994 the applicant submitted a petition against
his sentence to the Confirming Officer. By letter dated 1 December 1994
the applicant's representative was informed that the applicant's
sentence had been confirmed by the Confirming Officer.
The applicant subsequently presented an appeal petition to the
Defence Council. By letter dated 1 March 1995 the decision to reject
this petition, taken by the Air Force Board, was communicated to the
applicant's representative.
B. Relevant domestic law and practice.
The Commission refers to the "Relevant domestic law and practice"
contained in its report on the Coyne application (No. 25942/94, Comm.
Report 25.6.96, unpublished).
COMPLAINTS
The applicant complains under Article 6 of the Convention that
he was denied a fair and public hearing by an independent and impartial
tribunal established by law.
PROCEEDINGS BEFORE THE COMMISSION
The application was introduced on 24 April 1995 and was
registered on 16 May 1995.
On 4 July 1995 the Commission decided to communicate and adjourn
the application.
On 2 July 1996 the Commission decided to request the Government's
observations. In their letter received on 7 November 1996 the
Government stated that they have no observations on the admissibility
of the application.
THE LAW
The applicant complains under Article 6 (Art. 6) of the
Convention that he was denied a fair and public hearing by an
independent and impartial tribunal established by law. The Government
have no observations on the admissibility of the applicant's
complaints.
The Commission considers that the application raises complex and
serious issues under Article 6 (Art. 6) of the Convention which require
determination on the merits. It follows that these complaints of the
applicant cannot be dismissed as manifestly ill-founded within the
meaning of Article 27 para. 2 (Art. 27-2) of the Convention. No other
ground for declaring them inadmissible has been established.
For these reasons, the Commission, unanimously,
DECLARES THE APPLICATION ADMISSIBLE, without prejudging the
merits.
M.F. BUQUICCHIO J. LIDDY
Secretary President
to the First Chamber of the First Chamber
Full & Egal Universal Law Academy