§ Mr. McCabeTo ask the Secretary of State for the Home Department what is the Government's response to the findings announced by the European Commission on Human Rights regarding the applications by T and V about their trial and subsequent sentence of detention at Her Majesty's Pleasure for murder. [77571]
§ Mr. StrawIn summary, the findings of the European Commission on Human Rights were as follows:
- On Article 3 (`Production 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 were in violation of Article 3 of the European Convention which deals with inhuman and degrading treatment.
The 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 finding themselves to the European Court of Human Rights. The European Commission has also referred these matters to the European Court.
The European Court of Human Rights will now rehear 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.
666WI have placed a copy of the Commission's findings in the Library.