Final Resolution ResDH(2002)33
Human Rights
Application No. 25286/94
S.D. against the United Kingdom
(Adopted by the Committee of Ministers on 30 April 2002
at the 792nd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (99) 263, adopted on 15 April 1999 in the case of S.D. against the United Kingdom, in which the Committee of Ministers decided that there had been a violation of Article 5, paragraphs 1 and 5, of the Convention and of Article 6, paragraphs 1 and 3c of the Convention on account of the unlawfulness of the applicant’s detention for failure to pay the community charge “poll tax”, of the absence of a right to compensation in this respect and of the lack of legal aid in the proceedings having led to his imprisonment, and to make public the report of the European Commission of Human Rights;
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 applicant, proposals supplemented by a letter of the President of the Commission dated 30 October 1999;
Whereas at the 716th meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 24 July 2000, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 3 500 pounds sterling in respect of non-pecuniary damage, and 2 500 pounds sterling in respect of costs and expenses, namely a total sum of 6 000 pounds sterling, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 15 April 1999 and 24 July 2000, having regard to the United Kingdom’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions taken to avoid new violations of the same kind as those found in this case (this information appears in the appendix to this resolution);
Whereas the Committee of Ministers satisfied itself that on 4 December 2000, the government of the respondent state had paid the applicant the total sum of 6 000 pounds sterling as just satisfaction, and on 26 February 2001 the default interest due,
Declares, after having taken note of the measures taken by the Government of the United Kingdom, that it has exercised its functions under former Article 32 of the Convention in this case.
Appendix to Final Resolution ResDH(2002)33
Information provided by the Government of the United Kingdom
during the examination of the S.D. case
by the Committee of Ministers
The Government of the United Kingdom has indicated that, following the Court’s judgment in the Benham case (see Resolution DH(97)506), the Lord Chancellor has amended the Legal Advice and Assistance Regulations 1989 by the Legal Advice and Assistance Regulations of 1997.
As from 1 June 1997, under the amended regulations, the magistrates’ courts duty solicitor scheme has been extended to cover civil as well as criminal cases of failure to obey a court order where a judgment adverse to the defendant is likely to result in a period of imprisonment. In addition, the availability of Assistance By Way Of Representation (ABWOR) has been extended to cover such cases in courts which have no duty solicitor scheme or where the case presents exceptional circumstances.
Finally, the judgment has been distributed to all the authorities concerned.
The government of the United Kingdom considers that the measures taken will prevent the repetition of any new violations similar to those found in this case and that it has therefore fulfilled its obligations under former Article 32 of the Convention.
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