§ Baroness Davidasked Her Majesty's Government:
Whether they will set out their response to the findings announced by the European Commission on Human Rights, regarding the application by T and V about their trial and subsequent sentence of Detention at Her Majesty's Pleasure for murder. [HL1562]
§ Lord HoyleIn summary, the findings of the European Commission on Human Rights were as follows:
- On Article 3 (Prohibition of torture) the Commission found no violation in relation to the trial;
- On Article 6(1) (Right to a fair trial) the Commission found violation by 14 votes to 5 in relation to the trial;
- On Article 14 (Prohibition of discrimination) the Commission found no separate issue because of the violation on Article 6 above;
- On Article 3 the Commission found no violation in relation to the sentence;
- On Article 5(1) (Right to liberty and security) the Commission found no violation in relation to the sentence;
- On Article 6(1) the Commission found violation by 18 votes to 1 in relation to the tariff;
- On Article 5(4) the Commission found violation by 18 votes to 1 in relation to the tariff and review of detention.
The Government welcome the fact that the Commission found that neither the trial nor the sentencing process was in violation of Article 3 of the European Convention, which deals with inhuman and degrading treatment.
107WAThe areas where the Commission did find against the United Kingdom Government do raise a range of serious and quite complex issues. The Government have decided to refer the Commission's findings itself to the European Court of Human Rights. The European Commission has also referred these matters to the European Court.
108WAThe European Court of Human Rights will now rehearse all the issues covered by the Commission. This will give the Government an opportunity to state their position on all these issues. The Government will continue to contest these applications very strongly.
A copy of the Commission's findings has been placed in the Library.