CEDH · PRESS;HEARINGS;ENG — 12 juin 2001

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s9EE41C78 { width:396.9pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s19E53254 { width:2.39pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     416   12.6.2001   Press release issued by the Registrar   HEARING IN THE CASE OF O'HARA v. THE UNITED KINGDOM   Tuesday, 12 June 2001 at 9.00 a.m.   The applicant   The case concerns an application brought by an Irish citizen, Gerard Patrick O'Hara, who was born in 1953 and lives in Belfast. He is a member of Sinn Fein.   Summary of the facts   Kurt Konig, who worked for canteen caterers in Londonderry police stations, was murdered on 21 November 1985. The Government submit that Special Branch received intelligence that the applicant was involved in the murder. Detective Superintendent R. of the Royal Ulster Constabulary (“RUC”) was briefed by Special Branch concerning this intelligence that the applicant was a member of the Provisional IRA and had been implicated in the murder. Detective Superintendent R. briefed Inspector B. who in turn briefed Detective Constable S. On 28 December 1985 Detective Constable S. arrested the applicant under section 12(1)(b) of the Prevention of Terrorism (Temporary Provisions) Act 1984 which empowered a police constable to arrest, without a warrant, a person whom he had reasonable grounds for suspecting of being concerned in the commission of acts of terrorism.   The applicant was taken to Castlereagh detention centre where he was questioned about his possible membership of the IRA and his suspected involvement in Konig’s murder. On 29 December 1985, the Secretary of State for Northern Ireland extended the applicant’s period of detention beyond the initial forty-eight hour period, by five days. The applicant was released without charge on 3 January 1986 at 9 p.m., after six days and thirteen hours in custody.   By a writ issued on 20 August 1986 against the Chief Constable of the RUC, the applicant instituted a civil action for damages in respect of, inter alia , false imprisonment and unlawful arrest on the basis that the reasonable grounds of the arresting officer’s suspicion were not based on his own knowledge of the facts and that the Chief Constable had failed to prove that the police officer who directed the applicant’s arrest had reasonable grounds for suspecting him to be concerned in the commission of the relevant offences.   On 14 September 1990, the High Court dismissed the applicant’s claims. On 6 May 1994, the Court of Appeal rejected the applicant’s appeal, upholding the decision of the High Court that reasonable suspicion could be derived from information from a superior officer and that the arrest was lawful. An appeal to the House of Lords was dismissed on 12 December 1996.   Complaints   The applicant complains of a violation of Article 5 § 1 (c) of the Convention claiming that he was not arrested on a reasonable suspicion of commission of an offence and that the purpose of his arrest was not to bring him before the competent legal authority. He complains that he was not brought promptly or at all, before a judge or other officer authorised by law to exercise judicial power in accordance with Article   5 § 3 of the Convention. Finally, he complains of a violation of Article 5 § 5 of the Convention in that he does not have an enforceable right to compensation.   Procedure   The application was lodged with the European Commission of Human Rights on 20 May 1997. On 1 November 1998, the case was transmitted to the Court, which declared the application partly admissible, partly inadmissible on 14 March 2000.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), Loukis Loucaides (Cypriot), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Karel Jungwiert (Czech), Nicolas Bratza (British), Hanne Sophie Greve (Norwegian), Judges , Willi Fuhrmann (Austrian), Kristaq Traja (Albanian), Mindia Ugrekhelidze (Georgian), substituteJudges .   and also Sally Dollé , Section Registrar .   Representatives of the parties   Government:   Hew Llewellyn , Agent , Simon Freeland , Counsel , Ossie Paulin , Steven Braviner and Mary Madden , Advisers ;   Applicant:   Barry McDonald QC, Counsel, and Denis E. Mullen , Solicitor, Adviser .   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact:   Roderick Liddell (telephone: (0)3 88 41 24 92) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.