CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 21 septembre 1994

.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 }       The Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged on 4 July 1990 by Mr Eric Oldham against the United Kingdom (Application No. 17143/90);        Whereas on 27 January 1993 the Commission transmitted the said report to the Committee of Ministers and whereas the period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the Convention;        Whereas in his application, as declared admissible by the Commission on 1 July 1992 (final decision as to the admissibility), the applicant complained that he was unable to have the continued lawfulness of his detention reviewed by a court, while he was serving a discretionary life sentence, and that he had no enforceable right to compensation in this respect;        Whereas in its report adopted on 2 December 1992, the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraphs 4 and 5 (art. 5-4, art. 5-5), of the Convention;        Whereas, at the 494th meeting of the Ministers' Deputies, held on 18 May 1993, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case a violation of Article 5, paragraphs 4 and 5 (art. 5-4, art. 5-5), of the Convention;        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 10 September 1993;        Whereas the Government of the United Kingdom formulated supplementary observations with regard to the Commission's proposals for just satisfaction, which observations were transmitted to the Commission on 22 November 1993 for any comment it might wish to make;        Whereas on 9 December 1993, the President of the Commission informed the President of the Ministers' Deputies that the Commission had taken note of the observations of the Government of the United Kingdom but had no comment to make with regard to the question raised therein;        Whereas, at the 507th meeting of the Deputies, held on 3 February 1994, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of the United Kingdom was to pay the applicant as just satisfaction, within three months, 500 British pounds in respect of non-pecuniary damage and 100 British pounds in respect of the costs, that is a total sum of 600 British pounds;        Whereas the Committee of Ministers invited the Government of the United Kingdom to inform it of the measures taken following its decisions of 18 May 1993 and 3 February 1994, having regard to the United Kingdom's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas the Government of the United Kingdom informed the Committee of Ministers that the Criminal Justice Act 1991, which entered into force on 1 October 1992 (see inter alia Resolution DH (92) 24), would also apply to situations comparable to the one at issue in the present case, and that they did not, for the reasons cited in the above-mentioned resolution, consider themselves under an obligation to legislate in the field covered by Article 5, paragraph 5 (art. 5-5), of the Convention;        Whereas the Committee of Ministers satisfied itself that on 24 February 1994 the Government of the United Kingdom paid the applicant the total sum of 600 British pounds as just satisfaction,        Declares, having taken note of the measures taken by the Government of the United Kingdom, that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;        Authorises the publication of the report adopted by the Commission in this case.