CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 7 juin 1995

.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 24 May 1989 by Mr B. against the United Kingdom (Application No. 16791/90);        Whereas on 5 February 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, the applicant complained that he had been unable to have the continued lawfulness of his detention determined by a court while he was serving a discretionary life sentence;        Whereas in its report adopted on 8 December 1992 the Commission expressed, unanimously, the opinion that there had been a violation of Article 5, paragraph 4 (art. 5-4), of the Convention;        Whereas, at the 498th meeting of the Ministers' Deputies held on 21 September 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, paragraph 4 (art. 5-4), of the Convention;        Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards the just satisfaction to be awarded to the applicant;        Whereas at the same meeting, the Committe of Ministers authorised direct negotiations between the Government of the United Kingdom and the applicant with regard to the just satisfaction to be awarded, limited to the payment of costs and expenses;        Whereas the Committee of Ministers invited the Government of the United Kingdom to inform it of the measures taken following its decision of 21 September 1993, having regard to the United Kingdom's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by it, and of the outcome of the negotiations authorised with the applicant;        Whereas the Government of the United Kingdom subsequently informed the Committe of Ministers that an agreement had been reached between the parties according to which the applicant would receive 10 357.60 pounds sterling for costs and expenses;        Whereas the Committee of Ministers satisfied itself that on 23 May 1995 the Government of the United Kingdom paid the applicant the sum agreed in respect of costs and expenses;        Whereas, during the examination of the case by the Committee of Ministers, the Government of the United Kingdom informed the Committee that the measures taken in response to the judgment of the Court in the case of Thynne, Wilson and Gunnel (see Resolution DH (92) 24) would prevent the repetition also of the violation found by the Committee of Ministers in the present case,        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.