PROCEDURE

The case originated in an application (32340/96) against the United Kingdom lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). The applicant, Brian Curley, is a British national, born in 1961 and serving a sentence of detention during Her Majesty’s Pleasure. He was represented by Mr Simon Creighton, a lawyer practising in London, formerly for the Prisoner’s Advice Service and latterly for Bhatt Murphy Solictors. The Government of the United Kingdom were represented by their Agent, Mr Ian Christie of the Foreign and Commonwealth Office. The application principally concerned the applicant’s complaints that he has had no review of the lawfulness of his continued detention in compliance with Article 5 § 4 of the Convention or the possibility of obtaining compensation for a breach of that right as required by Article 5 § 5 of the Convention.

On 9 April 1997, the Commission decided to give notice of the application to the respondent Government and invited them to submit their observations on its admissibility and merits. The Government submitted their observations on 15 July 1997, to which the applicantError! Bookmark not defined. replied on 26 September and 7 October 1997.

Following the entry into force of Protocol No. 11 to the Convention and in accordance with provisions of Article 5 § 2 thereof, the application falls to be examined by the Court. In accordance with Rule 52 § 1 of the Rules of Court, the President of the Court, Mr. L. Wildhaber, assigned the case to the Third Section.

On 1 December 1998, the Court declared the application admissible and decided that it was not necessary to hold a hearing.

In accordance with Rule 59 § 3 the President of the Chamber invited the parties to submit memorials on the issues in the application. The Registrar received the applicantError! Bookmark not defined.s’ and Government’s further comments on 27 May 1999 and 17 June 1999 respectively.

AS TO THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

In 1979, the applicant, then aged 17, was convicted of murder and sentenced to be detained during Her Majesty’s pleasure. The “tariff” part of the applicant’s sentence, attributable to deterrence and punishment, was set at 8 years and expired in 1987.

Following the expiry of his tariff, the applicant’s case was the subject of review by the Parole Board on a number of occasions. Following the fourth review in January 1991, the applicant absconded from prison. Following his recapture on 6 July 1993 it was decided that his case should be reviewed again in January 1995.

At this, the fifth review, which in fact took place in August 1995, the Parole Board recommended that the applicant be given a provisional release date of 12 months hence, during which time he should spend six months in a Category D open prison, followed by six months in a Pre-Release Employment Scheme Hostel.

The Parole Board’s recommendation was not accepted by the Secretary of State who directed that the applicant be transferred to a Category D prison and his case be subject to further review in 12 months. The applicant was notified of the Secretary of State’s decision and the Parole Board’s recommendation by letter of 17 November 1995. By letter dated 6 December 1995, the applicant made representations against that decision. These were rejected by the Secretary of State by letter dated 2 January 1996.

The applicant sought leave to apply for judicial review of the Secretary of State’s decision. Leave was refused by a single judge of the High Court on 26 April 1996. The applicant was advised by counsel who represented him at the hearing that there was no tenable basis for appeal against the decision refusing leave.

On 12 August 1996, the applicant was notified that, pursuant to interim measures introduced by the Secretary of State on 23 July 1996, the applicant’s case would be referred back to the Parole Board for review in the form of an oral hearing at which the applicant would be entitled to legal representation. That review took place on 7 February 1997 and, by letter dated 14 February 1997, the Parole Board recommended the applicant’s release. The Home Secretary followed the recommendation and released the applicant on 7 May 1997.