CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 2 décembre 1986

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }  The European Commission of Human Rights sitting in private on 2 December 1986, the following members being present:                 MM. C. A. NØRGAARD, President                   E. BUSUTTIL                   G. JÖRUNDSSON                   G. TENEKIDES                   S. TRECHSEL                   B. KIERNAN                   A. S. GÖZÜBÜYÜK                   A. WEITZEL                   J. C. SOYER                   H. DANELIUS                   G. BATLINER              Mrs. G. H. THUNE              Sir   Basil HALL               Mr. F. MARTINEZ                 Mr. H. C. KRÜGER Secretary to the Commission   Having regard to Article 25 (art. 25) of the Convention for the Protection of Human Rights and Fundamental Freedoms;   Having regard to the application introduced on 8 January 1986 by R.M. against the United Kingdom and registered on 11 March 1986 under file N° 12067/86;   Having regard to the report provided for in Rule 40 of the Rules of Procedure of the Commission;   Having deliberated;   Decides as follows:   THE FACTS   The applicant, Mr. R.M., is a citizen of the United Kingdom born in 1950.   He is, at present, detained in HM Prison, Long Lartin. He is represented in the proceedings before the Commission by B. M. Birnberg and Co., Solicitors, London.   The applicant was arrested in April 1981 and was sentenced to nine years' imprisonment in March 1982 for his part in a conspiracy to traffic cannabis to other countries.   The applicant became entitled to consideration for parole after the completion of one third of his sentence in April 1984.   He had been strongly recommended for parole by the prison authorities and had offers of jobs on his release.   In 11 October   1983 the Home Secretary, Mr. Leon Brittan, announced a change in parole policy.   Henceforth he intended to execise his discretion to ensure that prisoners serving sentences of five years or more for offences of violence and drug trafficking would be granted parole only during the last months before the end of their sentence or in circumstances which were genuinely exceptional.   The applicant, together with other prisoners, introduced proceedings for judicial review of the Home Secretary's decision.   His application was rejected by the High Court on 30 April 1984.   An appeal to the Court of Appeal was also dismissed on 6 July 1984 as was a further appeal to the House of Lords on 15 November 1984.   COMPLAINTS   Article 7 (art. 7)   The applicant complains, under Article 7 (art. 7) of the Convention, that the effect of the Home Secretary's new policy is to impose a penalty that is harsher than that originally imposed upon him at the time of his sentence and applicable at the time of the commission of the offence.   PROCEEDINGS   BEFORE THE COMMISSION   On 3 March 1986 the Commission rejected a similar complaint under inter alia Article 7 (art. 7) of the Convention in the cases of Hogben v. United Kingdom (Application No. 11653/85) and Honeyman v. the United Kingdom (Application No. 11732/86).   In the light of these decisions, the applicant's legal advisers were requested to indicate whether the applicant intended to maintain his application before the Commission. In a letter dated 17 June 1986 the applicant's solicitor stated that, in view of the Commission's decision in the cases of Hogben and Honeyman, the applicant no longer intended to maintain his application before the Commission.   FINDING OF THE COMMISSION   The Commission notes that the applicant no longer intends to maintain his application before the Commission and finds that there are no reasons relating to the general interest why the Commission should continue to examine the application.   For these reasons, the Commission   DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES   Secretary to the Commission          President of the Commission   (H. C. KRÜGER)                       (C. A. NØRGAARD)