PROCEDURE

The case was referred to the Court by the European Commission of Human Rights (“the Commission”) on 24 November 1998, within the three-month period laid down by former Articles 32 § 1 and 47 of the Convention. It originated in an application (no. 32819/96) against the United Kingdom of Great Britain and Northern Ireland lodged with the Commission under former Article 25 by a Jamaican citizen, Mr Clive Caballero, on 28 June 1996. The applicant was represented by Mr P. Leach and, subsequently, by Ms M. Cunneen, both lawyers with Liberty, a civil liberties non-governmental organisation based in London. The Government of the United Kingdom (“the Government”) were represented by their Agent, Mr H. Llewellyn, of the Foreign and Commonwealth Office. The Commission’s request referred to former Articles 44 and 48 and to the declaration whereby the United Kingdom recognised the compulsory jurisdiction of the Court (former Article 46). The object of the request was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 5 §§ 3 and 5 of the Convention taken both alone and in conjunction with Article 13 and under Article 14 of the Convention taken in conjunction with Article 5 § 3.

Having been designated before the Commission by the initials C.C., the applicant subsequently agreed to the disclosure of his name by the Court.

In accordance with the provisions of Article 5 § 4 of Protocol No. 11 taken together with Rules 100 § 1 and 24 § 6 of the Rules of Court, a panel of the Grand Chamber decided on 14 January 1999 that the case would be examined by the Grand Chamber of the Court. The Grand Chamber included ex officio Sir Nicolas Bratza, the judge elected in respect of the United Kingdom (Article 27 § 2 of the Convention and Rule 24 § 4), Mr L. Wildhaber, the President of the Court, Mrs E. Palm, Vice-President of the Court, and Mr J.-P. Costa and Mr M. Fischbach, Vice-Presidents of Sections (Article 27 § 3 of the Convention and Rule 24 §§ 3 and 5 (a)). The other members appointed to complete the Grand Chamber were Mr A. Pastor Ridruejo, Mr J. Makarczyk, Mr P. Kūris, Mr R. Türmen, Mrs F. Tulkens, Mrs V. Strážnická, Mr V. Butkevych, Mr J. Casadevall, Mrs H.S. Greve, Mr A.B. Baka, Mr R. Maruste and Mrs S. Botoucharova (Rule 24 § 3). Subsequently Sir Nicolas Bratza, who had taken part in the Commission’s examination of the case, withdrew from sitting in the Grand Chamber (Rule 28). The Government accordingly appointed Sir Robert Carnwath to sit as an ad hoc judge (Article 27 § 2 of the Convention and Rule 29 § 1). Later Mr G. Bonello, substitute judge, replaced Mr Türmen, who was unable to take part in the further consideration of the case (Rule 24 § 5 (b)).

After consulting the Agent of the Government and the applicant’s representative, the Grand Chamber decided to dispense with a hearing in the case, being of the opinion that the discharging of its functions under Article 38 § 1 (a) of the Convention did not require one to be held (Rule 59 § 2).

On 17 May, 3 June, 19 August and 10 September 1999 the applicant and the Government variously produced a number of documents, either at the President’s request or of their own accord.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

In 1987 the applicant, who was born in 1926, was convicted of manslaughter by the Central Criminal Court, London. His record sheet read “manslaughter – heavy drinking session with female. In bed, during which he sexually interferes with her. Struggle ensues during which she dies”. The naked body of the victim, a neighbour of the applicant, was discovered outside the door of her flat wrapped in a bedspread. The applicant was sentenced to four years’ imprisonment. He was released in August 1988.

On 2 January 1996 the applicant was arrested by the police on suspicion of attempted rape of his next-door neighbour. He maintained that he had had sexual intercourse with the woman with her consent and the woman claimed that the incident had taken place after she had blacked out from drinking. He was brought before the Magistrates’ Court on 4 January 1996. While the applicant instructed his solicitor to apply for bail on his behalf, no bail application was or could have been made in view of section 25 of the Criminal Justice and Public Order Act 1994. The record of the hearing of 4 January 1996 refers to section 25 of the 1994 Act as the reason for the refusal of bail. The applicant was remanded in custody by the Magistrate on 4 and 11 January 1996, the second appearance being necessary in view of the possibility (later abandoned) of the prosecution amending the charge against the applicant.

The applicant was convicted of attempted rape and of assault occasioning actual bodily harm in October 1996. On 17 January 1997 he was sentenced to four years’ imprisonment for the assault conviction and to life imprisonment for the attempted rape conviction. The trial court deducted the period of his pre-trial detention from the sentence imposed pursuant to section 67 of the Criminal Justice Act 1967. On 11 July 1997 the Court of Appeal rejected his appeal against sentence.