PROCEDURE

The case originated in an application (no. 30280/96) against the United Kingdom lodged with the European Commission of Human Rights (“the Commission”) under former Article 25 by the applicant Mr Stephen Jordan (“the applicant”), a British national, on 19 February 1996. The applicant made numerous complaints under Articles 5, 6 and 13 of the Convention in relation to his pre-trial detention and the early stages of the court-martial proceedings against him. On 14 January 1998 the Commission declared the application partly inadmissible. It adjourned and communicated to the Government of the United Kingdom (“the Government”) the applicant’s complaints under Articles 5 and 13 of the Convention in relation to his detention between 27 May and 11 December 1995.

The Government submitted observations by letter dated 8 June 1998, to which the applicant replied by letter dated 23 July 1998.

After the entry into force of Protocol No. 11 on 1 November 1998, and in accordance with the provisions of Article 5 § 2 thereof, the case fell 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.

Before the Court the applicant was represented by Mr J. Mackenzie, a lawyer practising in London. The Government were represented by their Agent, Mr C. Whomersley, of the Foreign and Commonwealth Office.

On 27 April 1999 the Court declared the applicant’s complaints under Article 5 §§ 3 and 5 admissible and declared the remainder of the application inadmissible.

By letter dated 6 July 1999, the applicant detailed his claim for just satisfaction pursuant to Article 41 and confirmed that he had no further observations to make. The Government commented on the applicant’s just satisfaction proposals in their letter dated 11 August 1999.

After consulting the Agent of the Government and the applicant’s lawyer, the Chamber decided that it was not necessary to hold a hearing.

AS TO THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

In 1995 the applicant, born in 1971, was a soldier of the regular forces in the Grenadier Guards. On 3 March 1995 the Special Investigations Branch of the military police (“SIB”) began investigating charges against him in relation to the misuse of travel warrants. The applicant was due to be interviewed on 28 March 1995 and went missing from his unit. On 20 April 1995 he was arrested by the civilian police and returned to his unit. His commanding officer dealt with the charge summarily and sentenced him to, inter alia, 28 days’ imprisonment. The applicant served 23 days (after remission for good conduct in detention).

The applicant was therefore due for release on 27 May 1995 but his detention continued on the basis of the suspected offences that were being investigated by the SIB. On 1 and 2 June 1995 the applicant was interviewed by the SIB and he was advised by a civilian solicitor during those interviews. The applicant then instructed his current representative on 15 June 1995. On 16 June 1995 the applicant was brought before his commanding officer and a charge sheet recording one charge under the Theft Act 1968 relating to the making of fraudulent motor mileage claims was read to him.

On 29 August 1995 a further charge sheet was read to the applicant which included eight additional and similar charges (obtaining property by deception) and the applicant was remanded for trial by court-martial. On 15 September 1995 the applicant applied for legal aid under the army legal aid scheme, which was granted as from 1 November 1995.

In November 1995 the applicant commenced habeas corpus proceedings in the High Court requesting his release on the grounds, inter alia, that he had not been given a formal hearing at which he was informed of the case against him and was able to present his own case for release, and on the grounds of the delay in holding the court-martial. The army authorities admitted that due to an “administrative oversight” the applicant had not been charged until 16 June 1995. On 11 December 1995 the army authorities undertook to the Court to release the applicant from close to open arrest and he was so released on the same day. The form of order of the High Court recorded the pleadings before it and the Government’s undertaking to release the applicant, but included no other order except to award costs to the applicant. The applicant was released from open arrest in mid-1996 and was sent on leave.

On 12 February 1996 the applicant instituted further proceedings in the High Court for compensation from the Ministry of Defence in respect of his detention from 27 May to 11 December 1995. The applicant alleged unlawful detention, breach of a duty of care, false imprisonment and trespass to the person. The defence filed by the army authorities in those proceedings accepted that the applicant had not been charged until 16 June 1995, initially because the investigation of the charges had been impeded by his absence and, subsequently, due to an error associated with the replacement of the applicant’s commanding officer. The authorities therefore accepted that the applicant’s detention between 27 May and 16 June 1995 was unlawful. Various other admissions were made by the army authorities as regards the failure properly to complete certain delay reports, but it was denied that these latter omissions rendered the applicant’s subsequent detention unlawful. The applicant had also claimed, and the army authorities denied, that there had been a violation of the rules of natural justice and of Article 5 § 3 of the Convention.

The matter was settled on 21 October 1996, the applicant being paid a substantial sum of money and his costs.

Although a district court-martial was initially convened by order of 31 October 1995 to try the applicant, it was postponed on a number of occasions. In March 1997 the applicant was charged with further but similar offences and, on 27 November 1997, the army authorities directed that the applicant be tried by court-martial on the 27 outstanding charges against him. On 22 November 1999 the applicant was tried by general court-martial. He pleaded guilty to offences of obtaining property by deception to the value of £15,000 and was sentenced to 14 months’ imprisonment of which he was to serve 7 months. The reviewing authority later reduced this sentence to 3 months’ imprisonment and the applicant’s appeal to the Courts-Martial Appeal Court is pending.