PROCEDURE

The case was referred to the Court by the European Commission of Human Rights (“the Commission“) on 21 February 1992, within the three-month period laid down in Article 32 para. 1 and Article 47 (art. 32-1, art. 47) of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention“). It originated in two applications against the United Kingdom of Great Britain and Northern Ireland (nos. 14553-14554/89) both lodged with the Commission under Article 25 (art. 25) on 19 January 1989 by Irish citizens, Mr Peter Brannigan and Mr Patrick McBride. Mr McBride subsequently died in 1992 (see paragraph 11 below). 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 object of the request was to obtain a decision as to whether or not the facts of the case disclosed a breach by the United Kingdom of its obligations under Article 5 paras. 3 and 5 and Article 13 (art. 5-3, art. 5-5, art. 13), in the light of the United Kingdom’s derogation under Article 15 (art. 15).

In response to the enquiry made in accordance with Rule 33 para. 3 (d) of the Rules of Court, Mr Brannigan and Mrs McBride - Mr McBride’s mother and personal representative (see paragraph 11 below) - stated that they wished to take part in the proceedings and designated the lawyers who would represent them (Rule 30). For reasons of convenience Mr McBride will continue to be referred to in this judgment as the applicant. The Irish Government, having been informed by the Registrar of its right to intervene in the proceedings (Article 48, sub-paragraph (b), of the Convention and Rule 33 para. 3 (b)) (art. 48-b), did not indicate any intention of so doing.

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 February 1992, in the presence of the Registrar, the President drew by lot the names of the other seven members, namely Mr R. Bernhardt, Mr F. Gölcüklü, Mr L.-E. Pettiti, Mr B. Walsh, Mr S.K. Martens, Mr R. Pekkanen and Mr L. Wildhaber (Article 43 in fine of the Convention and Rule 23) (art. 43).

Mr Ryssdal assumed the office of President of the Chamber (Rule 21 para. 5) and, through the Registrar, consulted the Agent of the Government of the United Kingdom (“the Government“), the Delegate of the Commission and the representatives of the applicants on the organisation of the proceedings (Rules 37 para. 1 and 38). In accordance with the President’s orders and directions, the Registrar received, on 17 July 1992, the memorial of the Government. The applicants’ memorial was filed out-of-time on 31 August 1992. However, on 28 October 1992, the Chamber decided that it should be regarded as part of the case file (Rule 37 para. 1 in fine). The Secretary to the Commission had previously informed the Registrar that the Delegate would submit his observations at the hearing.

On 27 March, the President had granted, under Rule 37 para. 2, leave to the Northern Ireland Standing Advisory Commission on Human Rights to submit written comments on specific aspects of the case. Leave was also granted on 27 May, subject to certain conditions, to Amnesty International and three organisations which had made a joint request, namely Liberty, Interights and the Committee on the Administration of Justice. The respective comments were received on 22 June, 7 and 19 August 1992.

On 28 October 1992 the Chamber decided, pursuant to Rule 51, to relinquish jurisdiction forthwith in favour of the plenary Court.

As directed by the President, the hearing took place in public in the Human Rights Building, Strasbourg, on 24 November 1992. There appeared before the Court:

for the Government Mrs A. Glover, Legal Counsellor, Foreign and Commonwealth Office, Agent, Mr N. Bratza, Q.C., Mr R. Weatherup, Counsel;

for the Commission Mr H. Danelius, Delegate;

for the applicants Mr R. Weir, Q.C., Mr S. Treacy, Barrister-at-law, Counsel, Mr P. Madden, Solicitor. The Court heard addresses by Mr Bratza for the Government, by Mr Danelius for the Commission and by Mr Weir for the applicants, as well as replies to questions put by two of its members individually.

Prior to the hearing the Government were granted permission by the President to file comments on certain aspects of the observations made by the amici curiae. The applicants’ written comments on these submissions were received on 18 December 1992. The Government’s observations on the applicants’ Article 50 (art. 50) claims were submitted on 17 January 1993.

Mr B. Repik, who had attended the hearing and taken part in the deliberations of 26 November 1992, was unable to sit in the present case after 31 December 1992, his term of office having come to an end owing to the dissolution of the Czech and Slovak Federal Republic (Articles 38 and 65 para. 3 of the Convention) (art. 38, art. 65-3).

AS TO THE FACTS

I. THE PARTICULAR CIRCUMSTANCES OF THE CASE

A. Peter Brannigan

The first applicant, Mr Peter Brannigan, was born in 1964. He is a labourer and lives in Downpatrick, Northern Ireland. He was arrested at his home by police officers on 9 January 1989 at 6.30 a.m. pursuant to section 12 (1) (b) of the Prevention of Terrorism (Temporary Provisions) Act 1984 (“the 1984 Act“). He was then removed to the Interrogation Centre at Gough Barracks, Armagh, where he was served with a copy of the “Notice to Persons in Police Custody“ which informs the prisoner of his legal rights (see paragraph 24 below). A two-day extension of his detention was granted by the Secretary of State on 10 January 1989 at 7.30 p.m., and a further three-day extension was granted on 12 January 1989 at 9.32 p.m. He was released at 9 p.m. on 15 January 1989. He was therefore detained for a total period of six days, fourteen hours and thirty minutes. During his detention he was interrogated on forty-three occasions and denied access to books, newspapers and writing materials as well radio and television. He was not allowed to associate with other prisoners. Although access to a solicitor was at first delayed for forty- eight hours because it was believed by the police that such a visit would interfere with the investigation, the first applicant was subsequently visited by his solicitor on 11 January 1989. He was seen by a medical practitioner on seventeen occasions during police custody.

B. Patrick McBride

The second applicant, Mr Patrick McBride, was born in 1951. He was arrested at his home by police officers on 5 January 1989 at 5.05 a.m. pursuant to section 12 (1) (b) of the 1984 Act. He was then removed to Castlereagh Interrogation Centre where he was served with a copy of the “Notice to Persons in Police Custody“. A three-day extension of his period of detention was granted by the Secretary of State at 5.10 p.m. on 6 January 1989. He was released at 11.30 a.m. on Monday 9 January 1989. He was therefore detained for a total period of four days, six hours and twenty-five minutes. During his detention he was interrogated on twenty-two occasions and was subject to the same regime as Mr Brannigan (see paragraph 10 above). He received two visits from his solicitor on 5 and 7 January 1989 and was seen by a medical practitioner on eight occasions during police custody. Mr McBride was shot dead on 4 February 1992 by a policeman who had run amok and attacked Sinn Fein Headquarters in Belfast.