CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 16 septembre 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 Committee of Ministers, under the terms of Article 32 (art. 32) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the convention"),   Having regard to the report drawn up by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the convention relating to the application lodged by Mr James Gordon against the United Kingdom (Application No. 10213/82);   Whereas on 4 December 1985 the Commission transmitted the said report to the Committee of Ministers and whereas a period of three months provided for in Article 32, paragraph 1 (art. 32-1), of the convention has elapsed without the case having being brought before the European Court of Human Rights in pursuance of Article 48 (art. 48) of the convention;   Whereas in his application introduced on 16 November 1982, the applicant complains that his detention in hospital was unlawful, contrary to Article 5, paragraph 1 (art. 5-1), of the convention, and that his right to the judicial determination of the lawfulness of his detention ensured by Article 5, paragraph 4 (art. 5-4), of the convention was not respected;   Whereas the Commission, after having declared the application admissible, in its report adopted on 9 October 1985, expressed the opinion by an unanimous vote that there was not a violation of Article 5, paragraph 1 (art. 5-1) and that there was a violation of Article 5, paragraph 4 (art. 5-4), of the convention;   Agreeing with the opinion expressed by the Commission in accordance with Article 31, paragraph 1 (art. 31-1), of the convention;   Whereas during the examination of this case the Committee of Ministers was informed by the Government of the United Kingdom that it accepted the Commission's opinion and that the Mental Health (Amendment) (Scotland) Act 1983, which came into force in September 1984, provided an appeal procedure for restricted patients like Mr Gordon which was in conformity with Article 5, paragraph 4 (art. 5-4), of the convention;   Voting in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the convention,   a.       Decides that in this case there has not been a violation of Article 5, paragraph 1 (art. 5-1), of the convention;   b.       Decides that there has been a violation of Article 5, paragraph 4 (art. 5-4), of the convention;   c.       Decides, having regard to the information supplied by the Government of the United Kingdom, that no further action is called for in this case.