The Committee of Ministers,
Having regard to Article 54 (art. 54) of the Convention for the
Protection of Human Rights and Fundamental Freedoms (hereinafter
referred to as "the convention");
Having regard to the judgment of the European Court of Human
Rights in the "Tyrer" case, delivered on 25 April 1978 and transmitted
the same day to the Committee of Ministers;
Recalling that the case had its origin in an application against
the United Kingdom lodged with the European Commission of Human Rights
under Article 25 (art. 25) of the convention by a United Kingdom citizen,
Mr Anthony M. Tyrer, resident in the Isle of Man, alleging a violation
of the convention because of a judicial corporal punishment inflicted
upon him on the basis of legislation in force in the Isle of Man, a
dependency of the British Crown, to which the convention was extended
by a declaration of the United Kingdom made in pursuance of Article 63
(art. 63) of the convention;
Recalling that the case had been brought on 11 March 1977 before
the Court by the European Commission of Human Rights;
Whereas in its judgment, the Court held
- by six votes to one that the judicial corporal punishment
inflicted on Mr Tyrer amounted to degrading punishment within the
meaning of Article 3 (art. 3);
- unanimously that in the case there were no local requirements
within the meaning of Article 63, paragraph 3 (art. 63-3), which could
affect the application of Article 3 (art. 3);
- by six votes to one that the said punishment accordingly violated
Article 3 (art. 3);
- unanimously that it was not necessary to examine the question of
a possible violation of Article 3 taken together with Article 14
(art. 14-3);
- unanimously that it was not necessary to apply Article 50
(art. 50) in the present case;
Having regard to the "Rules concerning the application of
Article 54 (art. 54) of the convention";
Having invited the Government of the United Kingdom to inform it
of the measures which it had taken in consequence of the judgment,
having regard to its obligation under Article 53 (art. 53) of the
convention to abide by the judgment;
Whereas during the examination of this case by the Committee of
Ministers the Government of the United Kingdom informed the Committee
of certain measures taken in consequence of the judgment, which
information appears in the Appendix to this resolution,
Declares, after having taken note of the information supplied by
the Government of the United Kingdom, that it has exercised its
functions under Article 54 (art. 54) of the convention in this case.
Appendix to Resolution (78) 39
Information provided by the Government of the United Kingdom
No measure of execution is required in respect of the individual
applicant, Mr Tyrer. However, in so far as the decision of the Court
raises a general issue because of the risk of further applications in
the event of further sentences of birching being inflicted, the
Committee may like to be informed of the measures taken by the United
Kingdom Government. As soon as the decision of the Court was known,
the United Kingdom Government communicated it to the Government of the
Isle of Man and thereafter, on 13 June, they informed the Lieutenant
Governor of that island that, having studied the judgment of the
Court, it was their view that judicial corporal punishment in the Isle
of Man must now be held to be in breach of the European Convention on
Human Rights.
Subsequently the Chief Justice of the Isle of Man (the First
Deemster) took action to bring the judgment of the Court to the
attention of the High Court, the High Bailiffs and the Magistrates,
that is to the attention of all persons who under existing legislation
could pass a sentence of birching. He has informed them that the
effect of the judgment is that judical corporal punishment must now be
held to be in breach of the European Convention.