John Murray v United Kingdom
John Murray v United Kingdom | |
---|---|
Decided 25 January 1996 | |
Full case name | John Murray v United Kingdom |
Case | 41/1994/488/570 |
Chamber | Grand chamber |
Nationality of parties | United Kingdom |
Court composition | |
President Rolv Ryssdal |
John Murray v United Kingdom was a legal case heard by the European Court of Human Rights in 1996 regarding the right to silence in the United Kingdom, especially the legality of the reduction in the right so as to allow for adverse inferences to be made.
John Murray was one of eight people arrested on 7 January 1990 in
At the trial in May 1991 before the Lord Chief Justice of Northern Ireland, sitting without a jury, Mr Murray chose not to give evidence. As part of his decision the judge drew adverse inferences against the defendant under Articles 4 and 6 of the 1988 Order. Mr Murray was found guilty of aiding and abetting the false imprisonment of a police informer and sentenced to eight years' imprisonment.
Mr Murray appealed to the Court of Appeal in Northern Ireland and lost on 7 July 1992. He had applied to the Commission in 1991, the case was referred to the ECtHR in 1994, heard on 20 June 1995 and the Court gave its opinion on 8 February 1996. Several groups filed written submissions including the Committee on the Administration of Justice, Amnesty International and the Northern Ireland Standing Advisory Commission on Human Rights.
Mr Murray complained that his rights under the
The Commission found the reductions to the right of silence were not in breach of Article 6; the right was not absolute. The Court decided thus as Mr Murray was able to remain silent and this was not a criminal offence or contempt of court. It also found that the inferences could not be regarded as unfair given the presence of sufficient safeguards, the repeated warnings given during the interviews, the prima facie evidence against the accused, and Mr Murray's refusal to provide any explanation, and that the inferences were not a significant part of his conviction. His lack of early access to a lawyer was incompatible with the concept of fairness as it had placed the accused in a situation where his rights might be irretrievably prejudiced.
Mr Murray was awarded £15,000 towards his costs and expenses.
The courts' decisions were by majority – 14–5 in regard of no breach of Article 6(1) and 6(2), 12–7 in regard of a violation of 6(1) with 6(3c), and unanimously that it was not necessary to examine the applicant's complaint of a violation of 6(1) and 14.
See also
- Funke v. France (1993)
- Saunders v. the United Kingdom(1994)