Resolution ResDH(2005)111
concerning the judgments of the European Court of Human Rights
delivered between 22 June 2004 and 18 January 2005 (Friendly settlements)
in 3 cases against the United Kingdom (see Appendix) relating to the lack of legal representation in proceedings for non-payment of poll-tax and detention ordered by the Magistrates' Court
(Adopted by the Committee of Ministers on 26 October 2005
at the 940th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 3 cases listed in the Appendix to this Resolution, which were delivered between 22 June 2004 and 18 January 2005 and transmitted the same days to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see Appendix) against the United Kingdom, lodged with the European Commission or the European Court of Human Rights between 17 July 1997 and 13 February 2001 under former Article 25 of the Convention or Article 34 of the Convention by several British nationals, and that the Court declared admissible the complaints related to the applicants' lack of legal representation by counsel of their choice in proceedings for non-payment of local taxes or of fines imposed by the Magistrates' Court following a criminal conviction and their detention on the order of the magistrates;
Whereas in its judgments delivered between 22 June 2004 and 18 January 2005 concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the Government of the United Kingdom would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Recalling that general measures have already been adopted in particular through the amendment by the Lord Chancellor of the Legal Advice and Assistance (Scope) Regulations 1989 by the Legal Advice and Assistance (Scope) (Amendment) Regulations 1997 (see Resolution DH(97)506 in the Benham case which raises similar problems);
Having satisfied itself that on dates indicated in the appendix, within the time-limit agreed to under the terms of the friendly settlements, the Government of the respondent State had paid the applicants the sums provided in the friendly settlements;
Declares, after having examined the information supplied by the Government of the United Kingdom, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention.
Appendix to Resolution ResDH(2005)111
Details of the sums agreed to in the friendly settlements
Case
Application
Date of judgment
Non pecuniary damage
Costs and expenses including any VAT
Date of payment
EDWARDS Caroline & others
38260/97, 46416/99, 47143/99, 46410/99, 58896/00 and 3859/02
16/11/04
23 200 pounds sterling
12 000 pounds sterling
07/02/05
TOWNSEND Anthony
42039/98
18/01/05
6 000 pounds sterling
4 000 pounds sterling
Payment in the time-limit confirmed by lawyer
BROADHURST Alan
69187/01
22/06/04
2 700 pounds sterling
2 350 pounds sterling
Payment in the time-limit confirmed by lawyer
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