CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 23 mars 1983

.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 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 judgments of the European Court of Human Rights in the case of "X against the United Kingdom" delivered on 5 November 1981 and 18 October 1982 and transmitted the same days to the Committee of Ministers;   Recalling that the case had its origins in an application against the United Kingdom lodged with the European Commission of Human Rights under Article 25 (art. 25) of the Convention by X, a United Kingdom citizen alleging violation of Article 5, paragraphs 1, 2 and 4 of the Convention (art. 5-1, art. 5-2, art. 5-4);   Recalling that the case had been brought before the Court by the European Commission of Human Rights;   Whereas in its judgment of 5 November 1981, the Court holds:   -        unanimously that there has been no breach of Article 5, paragraph 1 (art. 5-1) of the Convention;   -        unanimously that there has been a breach of Article 5, paragraph 4 (art. 5-4);   -        by six votes to one that it is not necessary also to examine the case under Article 5, paragraph 2 (art. 5-2);   -        unanimously that the question of the application of Article 50 (art. 50) is not ready for decision;   Whereas in its judgment of 18 October 1982, the Court:   -        unanimously takes formal note of the agreement between the Government and the applicant's estate concerning the Strasbourg costs;   -        holds unanimously that the United Kingdom is to pay to the applicant's estate, in respect of the domestic costs, the sum of three hundred and twenty-four pounds sterling (£ 324), value added tax included;   -        rejects by six votes to one the remainder of the claim for just satisfaction;   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 had been taken in consequence of the judgments, having regard to its obligations under Article 53 (art. 53) of the Convention to abide by the judgments;   Whereas, during the examination of this case by the Committee of Ministers, the Government of the United Kingdom informed the Committee of Ministers of the measures taken in consequence of the judgments, which information is summarised in the appendix to this resolution;   Having satisfied itself that the Government of the United Kingdom has awarded the just satisfaction provided for in the judgment of the Court of 18 October 1982,   Declares, after having taken note of the information supplied by the Government of the United Kingdom, that it has exercised its function under Article 54 (art. 54) of the Convention in this case.   Appendix to Resolution DH (83) 2   Information provided by the Government of the United Kingdom during the examination of the case of "X against the United Kingdom" before the Committee of Ministers   Subsequent to the judgment of the European Court of Human Rights of 5 November 1981, amendments were inserted into the Mental Health (Amendment) Bill, which was at that time being considered by Parliament, which amendments were designed to remedy the deficiency in domestic law found by the European Court.   Subsequent to the judgment of the European Court of 18 October 1982, these amendments have been enacted and will enter into force on 30 September 1983,   Furthermore, both the agreed sum, in respect of costs incurred in consequence of proceedings under the Convention, and the sum, which the Court ordered the Government of the United Kingdom to pay to X's estate in respect of domestic costs, have been paid.