5302/71

Applicant name X. and Y. (incorrect title?)
Applicant type State
Country The United Kingdom
Decision no. 5302/71
Date 11/10/1973
Judges –
Institution Commission (Plenary)
Type Decision
Outcome Art. 8 Struck from the list
Reason Not pursued
Type of privacy Locational privacy
Keywords Houses searched; dissidents
Facts of the case Case about the various measures the UK has adopted to battle the I.R.A. The applicant Government alleged that the operation by the security forces of the power to search homes had been and was carried out with discrimination on the grounds of political opinion (Article 8+14 ECHR).
Analysis The case is called X. and Y. v. the UK, but it seems to have been brought by one government only. It is quite uncommon that governments are allowed to apply anonymously.

The Commission recalls that, at the hearing, the applicant Government was asked to present final submissions indicating the elements in the situation today within the territory of the respondent Government which they considered incompatible with the Convention. In their reply the applicant Government referred only to legislative measures and practices in relation to Articles 1, 2, 3, 5, 6 and 14 (Art. 1, 2, 3, 5, 6, 14) but made no express reference to Article 8 (Art. 8). Consequently, this latter point has not been pursued by the applicant Government and that therefore the Commission is not called upon to examine this allegation any further.

Documents Decision