CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 16 avril 1998

.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. 27239/95            by Andrew EVANS            against the United Kingdom          The European Commission of Human Rights (First Chamber) sitting in private on 16 April 1998, the following members being present:              MM     M.P. PELLONPÄÄ, President                  N. BRATZA                  A. WEITZEL                  C.L. ROZAKIS            Mrs    J. LIDDY            MM     L. LOUCAIDES                  B. MARXER                  I. BÉKÉS                  G. RESS                  A. PERENIC                  C. BÎRSAN                  K. HERNDL            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 15 March 1995 by Andrew EVANS against the United Kingdom and registered on 4 May 1995 under file No. 27239/95;        Having regard to:   -     the reports provided for in Rule 47 of the Rules of Procedure of      the Commission;   -     the observations submitted by the respondent Government on      13 January 1998 and the observations in reply submitted by the      applicant on 4 February 1998;        Having deliberated;        Decides as follows:   THE FACTS        The applicant is a British citizen born in 1955. He is represented before the Commission by Ms. Kate Akester, a solicitor working for Justice in London. The facts as submitted by the applicant may be summarised as follows.        The applicant was convicted of murder in April 1973 at the age of seventeen. He was sentenced to detention during Her Majesty's pleasure.        By letter of 15 November 1994, after serving twenty two years of imprisonment, the Secretary of State informed the applicant that the trial judge when consulted in 1982 as to the tariff (the period to be served to satisfy the requirements of retribution and deterrence) had made no recommendation. The Lord Chief Justice had written that: "there is no reason on grounds of punishment why this man should not be released after 12 1/2 years." The Secretary of State at that time however had concluded that the case warranted a higher tariff than that suggested by the Lord Chief Justice and set the tariff at 20 years with a first review in October 1989 at the 17 year point. In 1987, the Secretary of State had agreed that the review should be brought forward to January 1988. The letter concluded by informing the applicant that his tariff had now expired and that whether or not he would be released would depend on a favourable recommendation by the Parole Board and the exercise of the Secretary of State's discretion, taking into account how society would view the prisoner's release at that time.        The applicant applied for leave to appeal against his conviction out of time. This was granted. On 3 December 1997, the Court of Appeal allowed his appeal. It found that the conviction had rested entirely on his confessions to the police and that as these were entirely unreliable, the conviction was unsafe and should be quashed.     COMPLAINTS        The applicant complained that he had never had the opportunity of obtaining a review of the lawfulness of his continued detention by a body complying with the requirements of Article 5 para. 4 of the Convention, in particular in that he was denied an oral hearing on the expiry of his tariff. He also complained of the increase in his tariff by the Secretary of State, a member of the Executive rather than the judiciary, and of being denied the opportunity to make representations as to his tariff.        The applicant also invoked Article 5 para. 5 in relation to the absence of any effective right to compensation.     PROCEEDINGS BEFORE THE COMMISSION        The application was introduced on 15 March 1995 and registered on 4 May 1995.        On 26 June 1996 the Commission (First Chamber) decided to communicate the application to the respondent Government, pursuant to Rule 48 para. 2 (b) of the Rules of Procedure, and to invite them to submit written observations on the admissibility and merits of the application.        On 5 November 1996, the Government submitted observations on the admissibility and merits and on 23 December 1996, the applicant submitted his observations in reply.        By letter dated 25 February 1997, the Government provided further information relating to the applicant's review.        On 13 January 1998, the Government informed the Commission that the applicant's conviction was quashed by the Court of Appeal on 3 December 1997 whereupon the applicant was immediately released from prison, and requested the Commission to strike the application out of its list of cases.        By letter dated 4 February 1998, the applicant confirmed that he had been released, that he qualified for compensation and stated that he wished to withdraw his application.     REASONS FOR THE DECISION        The Commission recalls that on 3 December 1997 the applicant's conviction was quashed and that he was released from prison. In light of these events, the applicant, who is eligible for compensation under domestic law, has stated that he does not wish to proceed with his application.        In these circumstances, the Commission finds that the matter which has been the subject of the application has been resolved within the meaning of Article 30 para. 1 (b) of the Convention.   The Commission, furthermore, having regard to Article 30 para. 1 in fine, finds no special circumstances regarding respect of human rights as defined in the Convention which require the continuation of the examination of the application.        For these reasons, the Commission, unanimously,        DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.         M.F. BUQUICCHIO                                M.P. PELLONPÄÄ      Secretary                                     President to the First Chamber                          of the First Chamber