- 26 ·
9787/82
Parole Board
101. The Government further contend that the Parole Board, when it deals with a case of revocation of licence, enjoys the necessary Independence from the parties and sufficient procedural safeguards to be regarded as a court for the purposes of Art. 5(4).
102. However, as the applicant has pointed out, a prisoner is not entitled to legal advice to prepare his case when it is referred to the Parole Board. Nor is he allowed to be present at the hearing or to have anyone represent him. In addition, he is not informed of the evidence which is put before the Board and cannot question its accuracy or call any witnesses to give evidence on his behalf or examine any witnesses against him.
103. Finally, although its decision in respect of recalled prisoners is binding on the Home Secretary, the Parole Board does not have the power itself to order a release (see mutatis mutandis Van Droogenbroeck case, loc. cit., p. 27, para. 50). Nor does the Parole Board decide on the lawfulness of a prisoner's detention. Furthermore, its functions are limited under the 1967 Act to making recommendations to the Home Secretary concerning a prisoner's release.
104. The Commission accordingly considers that the Parole Board lacks the necessary procedural guarantees, in respect of such a serious deprivation of liberty, to be considered a "court" for the purposes of this provision. It is unnecessary, in the present case, to decide whether the Parole Board can also be considered to be independent of the parties. The Commission finds, therefore, that the Parole Board does not satisfy the requirements of Art. 5(4).
105. It follows from the above that the applicant was unable to have the lawfulness of his re-detention determined by a court or to have a periodic review of the lawfulness of his continued detention at reasonable intervals throughout his imprisonment.
Xl
Conclusion
106. The Commission concludes, by seven votes to four, that there has been a breach of Art. 5(4).
Summary of the Commission's conclusions
107. The following constitutes a summary of the Commission's conclusions in the present application:
No comments yet.
Private notes are available after approval.