PROCEDURE

The case originated in two applications (nos. 31145/96 and 35580/97) 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”) by two British nationals, Mr Mark Wilkinson and Mr Kevin Allen (“the applicants”), on 13 April 1996 and 1 April 1997, respectively.

The applicants were represented by Mr J. Mackenzie, a lawyer practising in London. The British Government (“the Government”) were represented by their Agents, Mr M. Eaton and Mr C. Whomersley, both of the Foreign and Commonwealth Office.

The applicants alleged, as regards their trial by court-martial, that they did not have a fair and public hearing by an independent and impartial tribunal established by law. On 31 May 1999 the Commission found a violation of Article 6 § 1 of the Convention. By letter dated 27 September 1999 the Government referred the cases to the Court explaining that the reference had been made not to contest the breach of Article 6 § 1 which had been found by the Commission but to seek a ruling pursuant to Article 41 on what just satisfaction, if any, should be awarded to the applicants.

In accordance with Article 5 § 4 of Protocol No. 11 to the Convention and Rules 100 § 1 and 24 § 6 of the Rules of Court, a panel of the Grand Chamber decided on 13 December 1999 that the applications should be considered by a Chamber constituted within one of the Sections of the Court. The applications were then allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1 of the Rules of Court. Sir Nicolas Bratza, the judge elected in respect of the United Kingdom, withdrew from sitting in the case (Rule 28). While the Government initially appointed Sir Stephen Richards to sit as an ad hoc judge, by letter dated 9 November 2000 they agreed that Judge Costa, the judge elected in respect of France, would sit in place of Sir Nicolas Bratza (Article 27 § 2 of the Convention and Rule 29 § 1).

The Chamber decided to join the proceedings in the applications (Rule 43 § 1).

The applicants and the Government each filed observations on the merits (Rule 59 § 1). The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 2 in fine).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASES

At the time of the events in question, both applicants were serving in the army and were tried by district courts-martial convened pursuant to the Army Act 1955.

Mr Wilkinson pleaded guilty to the armed forces’ disciplinary offence of absence without leave (contrary to section 38(a) of the Army Act 1955). Although the Army Board upheld his petition against the custodial part of his sentence, the charge for which he was convicted carried a potential sentence of two years’ imprisonment (see paragraph 17 below).

Mr Allen pleaded guilty to two charges of possession of controlled drugs contrary to the Misuse of Drugs Act 1971, these being civilian criminal offences. The Army Board reduced the custodial element of his sentence to six months’ imprisonment.