CEDH · CASELAW;REPORTS;ENG — 16 juillet 1987

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  Application No. 10592/83   Three members of the A. family   against the United Kingdom     REPORT OF THE COMMISSION   adopted on 16 July 1987     TABLE OF CONTENTS                                                           Page         INTRODUCTION ........................................       1       Part I:   STATEMENT OF THE FACTS .....................       3       Part II:   SOLUTION REACHED ..........................       4     INTRODUCTION       1.       This Report relates to application No. 10592/83 introduced by the three applicants against the United Kingdom on 2 June 1983 under Article 25 of the Convention for the protection of Human Rights and Fundamental Freedoms.   The application was registered on 12 September 1983.   2.       The applicants were represented first by Messrs.   Roper & Co., solicitors, Sheffield, succeeded by Messrs.   Wilford McBain, solicitors, London.   3.       The Government were represented by their Agents, first Mrs.   A. Glover, succeeded by Mr.   M.R. Eaton, Mr.   J.A. Grainger and Mr.   M. Wood, all of the Foreign and Commonwealth Office.   4.       On 22 January 1986, the European Commission of Human Rights declared admissible the applicants' complaints that the corporal punishment administered to the second and third applicants constituted a violation of their rights under Article 3 of the Convention, and that these incidents of corporal punishment constituted an unjustified interference with the rights of the second and third applicants to respect for their private life under Article 8 of the Convention.   The Commission then proceeded to carry out its task under Article 28 of the Convention which provides as follows:           "In the event of the Commission accepting a petition referred         to it:           a.   it shall, with a view to ascertaining the facts undertake             together with the representatives of the parties an             examination of the petition and, if need be, an             investigation, for the effective conduct of which the             States concerned shall furnish all necessary facilities,             after an exchange of views with the Commission;           b.   it shall place itself at the disposal of the parties             concerned with a view to securing a friendly settlement             of the matter on the basis of respect for Human Rights as             defined in this Convention."   5.       The Commission found that the parties had reached a friendly settlement of the case and on 16 July 1987 it adopted this Report which, in accordance with Article 30 of the Convention, is confined to a brief statement of the facts and of a solution reached.           The following members of the Commission were present when the Report was adopted:                       MM. C.A. NØRGAARD, President                         J.A. FROWEIN                         S. TRECHSEL                         F. ERMACORA                         E. BUSUTTIL                         A.S. GÖZÜBÜYÜK                         A. WEITZEL                         J.C. SOYER                         H.G. SCHERMERS                         H. DANELIUS                         G. BATLINER                         H. VANDENBERGHE                     Mrs G.H. THUNE                     Sir Basil HALL                     M.   F. MARTINEZ     I.       STATEMENT OF THE FACTS       6.       The applicants are United Kingdom citizens, residing in England.   The first applicant is the mother of the second and third applicants.   The second applicant was born in 1967 and the third applicant was born in 1969.   7.       The application concerns the corporal punishment administered to the second and third applicants at a State school they were attending.   8.       Before the Commission, the applicants complained, in particular, that the corporal punishment administered to the second and third applicants amounted to "torture or inhuman treatment", contrary to Article 3 of the Convention.   The applicants further complained, under Article 8 of the Convention, that the second and third applicants had become victims of an unjustified interference with their right to respect for private life.   9.       The application was introduced on 2 June 1983 by the applicants and registered on 12 September 1983.   On 2 October 1984 the Commission decided to bring the application to the attention of the respondent Government inviting them to submit in writing their observations on the admissibility and merits of the application.   The Government's observations were submitted on 1 February 1985 and their supplementary observations were submitted on 6 February 1985.   The applicants' observations in reply were submitted on 7 March 1985.   10.      The Commission decided on 13 May 1985 to invite the parties to make further submissions on admissibility and merits at a hearing which took place on 22 January 1986.   11.      The Commission declared the application admissible on 22 January 1986.   II.      SOLUTION REACHED     12.      Following its decision on the admissibility of the application, the Commission placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 (b) of the Convention and invited the parties to submit any proposals they wished to make.   13.      In accordance with its usual practice the Commission instructed its Secretary to contact the parties for this purpose. Following a meeting and an exchange of correspondence channelled through the good offices of the Commission the Agent of the Government, by letter of 1 July 1987, made the following declaration:           "I have the honour to refer to the discussions which have         taken place concerning a friendly settlement of the above         application.           The Government of the United Kingdom would recall the         provisions of the Education (No. 2) Act 1986, which received         the Royal Assent on 7 November 1986.   The relevant provisions         of the Act are Section 47 (abolition of corporal punishment)         and Section 48 (abolition of corporal punishment: Scotland).         These provisions come into force on 15 August 1987.   Similar         arrangements will apply in Northern Ireland: the Education         (Corporal Punishment) (Northern Ireland) Order 1987 (S.I.         1987/461).           The Government are prepared to make the following         proposals with a view to achieving a friendly settlement         of the above application:           1.   An ex gratia payment of £3000 to the second applicant.           2.   An ex gratia payment of £1500 to the third applicant.           3.   In relation to local government files, the Government would         undertake that, with the exception of the school's daily log,         its punishment book and the minutes of meetings of the school         governors, all files held by the relevant local authority and         school relating to this case would be destroyed within seven         years of the date of the settlement, and that until that date         such files would not be made available to the public.           4.   In relation to central government files, the Government would         undertake that, when the end of the 30 year period provided         for under the Public Records Act is approaching, the         departments concerned would apply to the Lord Chancellor for         extended closure of these files on grounds of their personal         nature.   The departments would be willing to arrange for a         note to be placed on the relevant files detailing the         applicants' concern and drawing the personal nature of the         files to the attention of the reviewers who will be concerned         at the appropriate time.           In addition, the Government are prepared to pay the         applicants' reasonable costs in the Strasbourg proceedings."     14.      The content of this declaration was transmitted to the applicants' representative, who by letter of 10 July 1987 submitted the following declaration on behalf of the applicants:           "We have received your communication of 9 July and confirm         that the applicants regard these proposals as satisfactory         and the application may be settled on those terms."   15.      On 16 July 1987 the Commission noted that the parties had reached agreement regarding the terms of settlement.   The Commission also noted the provisions of the Education (No. 2) Act 1986 which received the Royal Assent on 7 November 1986 concerning corporal punishment in schools.   The Commission found, having regard to Article 28 (b) of the Convention, that a friendly settlement of the present application had been secured on the basis of respect for Human Rights as defined in the Convention.           For these reasons, the Commission adopted this Report.             Secretary to the Commission       President of the Commission                       (H.C. KRÜGER)                   (C.A. NØRGAARD)