PROCEDURE

The case was referred to the Court on 8 December 1994 by the European Commission of Human Rights (“the Commission“) and on 23 December 1994 by the Government of the United Kingdom of Great Britain and Northern Ireland (“the Government“), within the three-month period laid down by Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the Convention. It originated in an application (no. 21928/93) against the United Kingdom lodged with the Commission under Article 25 (art. 25) on 31 March 1993 by a Pakistani national, Mr Abed Hussain. The Commission’s request referred to Articles 44 and 48 (art. 44, art. 48) and to the declaration whereby the United Kingdom recognised the compulsory jurisdiction of the Court (Article 46) (art. 46); the Government’s application referred to Article 48 (art. 48). The object of the request and of the application 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 para. 4 (art. 5-4) of the Convention. The Commission further sought a decision as to whether there had been a breach of Article 14 (art. 14) of the Convention.

In response to the enquiry made in accordance with Rule 33 para. 3 (d) of Rules of Court A, the applicant stated that he wished to take part in the proceedings and designated the lawyer who would represent him (Rule 30).

The President of the Court decided that in the interests of the proper administration of justice this case and the case of Singh v. the United Kingdom (no. 56/1994/503/585) should be heard by the same Chamber (Rule 21 para. 6) and that a joint hearing should be held. The Chamber to be constituted included ex officio Sir John Freeland, the elected judge of British nationality (Article 43 of the Convention) (art. 43), and Mr R. Ryssdal, the President of the Court (Rule 21 para. 3 (b)). On 27 January 1995, in the presence of the Registrar, the President drew by lot the names of the other seven members, namely Mr F. Gölcüklü, Mr R. Macdonald, Mr A. Spielmann, Mr N. Valticos, Mrs E. Palm, Mr F. Bigi and Mr P. Jambrek (Article 43 in fine of the Convention and Rule 21 para. 4) (art. 43).

As President of the Chamber (Rule 21 para. 5), Mr Ryssdal, acting through the Registrar, consulted the Agent of the Government, the applicant’s lawyer and the Delegate of the Commission on the organisation of the proceedings (Rules 37 para. 1 and 38). Pursuant to the order made in consequence, the Registrar received the Government’s memorial on 13 April 1995 and the applicant’s memorial on 18 April. The Secretary to the Commission informed the Registrar that the Delegate would submit his observations at the hearing.

In accordance with the President’s decision, the hearing took place in public in the Human Rights Building, Strasbourg, on 27 September 1995. The Court had held a preparatory meeting beforehand. There appeared before the Court: (a) for the Government Mr I. Christie, Foreign and Commonwealth Office, Agent, Mr D. Pannick QC, Mr M. Shaw, Barrister-at-Law, Counsel, Mr H. Carter, Mr H. Bayne, Mr R. Harrington, Home Office, Advisers, (b) for the Commission Mr N. Bratza, Delegate, (c) for the applicant Mr E. Fitzgerald QC, Mr J. Cooper, Barrister-at-Law, Counsel, Ms K. Akester, Solicitor. The Court heard addresses by Mr Bratza, Mr Fitzgerald and Mr Pannick.

AS TO THE FACTS

I. CIRCUMSTANCES OF THE CASE

Mr Abed Hussain was born in 1962 and is currently detained in Lindholme prison.

On 12 December 1978, the applicant - then aged 16 - was convicted at Leeds Crown Court of the murder of his younger brother, aged 2. The applicant had inflicted severe injuries on the infant while looking after him. He received a mandatory sentence of detention “during Her Majesty’s pleasure“ pursuant to section 53 (1) of the Children and Young Persons Act 1933 (as amended) (see paragraph 23 below). Its effect was to render the applicant “liable to be detained in such a place and under such conditions as the Secretary of State [for the Home Department] may direct“.