EUROPEAN COMMISSION OF HUMAN RIGHTS Application No. 23452/94 Mulkiye Osman and Ahmed Osman against the United Kingdom REPORT OF THE COMMISSION (adopted on 1 July 1997) TABLE OF CONTENTS page I. INTRODUCTION (paras. 1-19) . 1 A. The application (paras. 2-4) . 1 B. The proceedings (paras. 5-14). 1 C. The present Report (paras. 15-19) . 2 II. ESTABLISHMENT OF THE FACTS (paras. 20-80). 3 A. Particular circumstances of the case (paras. 20-71) . 3 B. Relevant domestic law and practice (paras. 72-80) . .10 III. OPINION OF THE COMMISSION (paras. 81-140) . .13 A. Complaints declared admissible (para. 81) . .13 B. Points at issue (para. 82) . .13 C. As regards Article 2 of the Convention (paras. 83-103). .13 CONCLUSION (para. 104). .21 D. As regards Article 8 of the Convention (paras. 105-108) . .21 CONCLUSION (para. 109). .22 E. As regards Article 6 of the Convention (paras. 110-130) . .22 CONCLUSION (para. 131). .28 TABLE OF CONTENTS page F. As regards Article 13 of the Convention (paras. 132-135) . .28 CONCLUSION (para. 136). .28 G. Recapitulation (paras. 137-140) . .29 PARTLY DISSENTING OPINION OF MR. S. TRECHSEL, JOINED BY MM. E. BUSUTTIL, A. WEITZEL, J.-C. GEUS, I. CABRAL BARRETO AND I. BÉKÉS... .30 PARTLY DISSENTING OPINION OF MR. L. LOUCAIDES . .33 PARTLY DISSENTING OPINION OF MR. N. BRATZA, JOINED BY MRS. G.H. THUNE, MRS. J. LIDDY, MM. P. LORENZEN AND K. HERNDL . .35 APPENDIX: DECISION OF THE COMMISSION AS TO THE ADMISSIBILITY OF THE APPLICATION . 39 I. INTRODUCTION 1. The following is an outline of the case as submitted to the European Commission of Human Rights, and of the procedure before the Commission. A. The application 2. The applicants are British citizens resident in London. The first applicant, born in 1948, was married to Ali Osman who was killed on 7 March 1988. The second applicant born in 1972 is their son. They are represented by Mr Ben Emmerson, counsel, and Ms. Nuala Mole, a solicitor at the Aire Centre in London. 3. The application is directed against the United Kingdom. The respondent Government are represented by Mr Martin Eaton, as Agent, from the Foreign and Commonwealth Office. 4. The case concerns the complaints of the applicants that the police failed to protect the lives of Ali and Ahmed Osman and that they have no access to court or effective remedy in respect of this failure. It raises issues under Articles 2, 6, 8 and 13 of the Convention. B. The proceedings 5. The application was introduced on 10 November 1993 and registered on 14 February 1994. 6. On 30 August 1994, the Commission decided to communicate the application to the Government inviting them to submit observations on the admissibility and merits. 7. On 31 January 1995, after two extensions in the time-limit, the Government submitted their observations and on 7 June 1995, the applicants submitted their observations in reply, also after two extensions in the time-limit. 8. On 16 October 1995, the Commission decided to invite the parties to make submissions at an oral hearing at Strasbourg. 9. On 3 May 1996, the parties submitted further observations and documents. 10. At the oral hearing, held on 17 May 1996, the Government were represented Mr M.R. Eaton, Agent, Mr J. Eadie, counsel, Mr S. Freeland, counsel, and Mrs S. Weston, Mr G. Edwards, Mrs S. McDougall and Mr P. Shawdon, as advisers. The applicants were represented by Mr B. Emmerson, counsel, Mr T. Kerr, counsel, Ms. N. Mole, solicitor, Mrs L. Christian, solicitor, Mr A. Clapham, counsel, and Mr A. Porter, legal assistant. 11. On 17 May 1996, the Commission declared the application admissible. 12. The parties were then invited to submit any additional observations on the merits of the application. 13. On 13 August 1996, the Government submitted further observations and on 21 August 1996, the applicants submitted observations on the merits. The applicants submitted further information on 31 January 1997. 14. After declaring the case admissible, the Commission, acting in accordance with Article 28 para. 1 (b) of the Convention, placed itself at the disposal of the parties with a view to securing a friendly settlement of the case. In the light of the parties' reactions, the Commission now finds that there is no basis on which a friendly settlement can be effected. C. The present Report 15. The present Report has been drawn up by the Commission in pursuance of Article 31 of the Convention and after deliberations and votes, the following members being present: Mr S. TRECHSEL, President Mrs G.H. THUNE Mrs J. LIDDY MM E. BUSUTTIL A. WEITZEL H. DANELIUS C.L. ROZAKIS L. LOUCAIDES J.-C. GEUS M.P. PELLONPÄÄ M.A. NOWICKI I. CABRAL BARRETO B. CONFORTI N. BRATZA I. BÉKÉS P. LORENZEN K. HERNDL 16. The text of the Report was adopted by the Commission on 1 July 1997 and is now transmitted to the Committee of Ministers in accordance with Article 31 para. 2 of the Convention. 17. The purpose of the Report, pursuant to Article 31 para. 1 of the Convention, is 1) to establish the facts, and 2) to state an opinion as to whether the facts found disclose a breach by the State concerned of its obligations under the Convention. 18. The Commission's decision on the admissibility of the application is annexed hereto. 19. The full text of the parties' submissions, together with the documents lodged as exhibits, are held in the archives of the Commission. II. ESTABLISHMENT OF THE FACTS A. Particular circumstances of the case 20. In 1987, Ahmed Osman, the second applicant, then 14 years old, was a pupil at Homerton House School, Hackney, London. Paul Paget-Lewis was employed as a teacher at the school. 21. On or about 2 March 1987, the mother of another boy at the school and neighbour to the applicants complained to the school that Paget- Lewis was falsely accusing her son, Leslie Green, of deviant sexual practices and spreading rumours to that effect. Paget-Lewis had followed Leslie home from school on occasion. 22. The Deputy Head, Mr Perkins, interviewed Leslie Green. Another teacher, Mr Fleming, interviewed Ahmed Osman. An entry on 3 March 1987 in the diary of the Head Master, Mr Prince, records that contact was made with a PC Williams. In a typed note signed by Ahmed Osman and dated 6 March 1987, taken from the interview with Mr Fleming, it was stated that Paget-Lewis had warned Ahmed about Leslie, ascribing various sexual conduct to Leslie. Paget-Lewis asked Ahmed to come and see him in the class-room at lunchtimes, apparently to learn Turkish from him. He had given him money and a pen and taken photographs of him. He had followed Ahmed home in his car. The diary notes of the Head Master recorded that PC Williams came to the school on 9 March 1987. The applicants state that on this occasion information concerning Paget-Lewis' conduct towards Ahmed was passed on to the police. The Government state that the police officer concerned has no recollection that he was told about the presents or that Paget-Lewis had followed Ahmed home. The Government state that all concerned were satisfied that there was no sexual element to Paget-Lewis' attachment to Ahmed and the matter was left to be dealt with internally by the school. 23. The Deputy Head interviewed Paget-Lewis about these matters on two occasions. In a note dated 13 March 1987, he records Paget-Lewis as stating that he had a special relationship with Ahmed, that Leslie was trying to disrupt it; that he was so upset on one occasion that he confronted Leslie and accused the boy of being a sexual deviant; that he had followed Ahmed home on one occasion and waited outside for 45 minutes. The note referred to a second interview being conducted with Leslie Green after another complaint that Paget-Lewis had been seen driving his car past the Green's house. 24. On 13 March 1987, the Head Master formally interviewed Paget-Lewis. Notes of the meeting indicate that Paget-Lewis admitted that he had become attached to Ahmed, that he had accused Leslie Green of trying to turn Ahmed against him and had parked outside Leslie Green's house to show that he was not to be scared away. The diary notes of the Head Master recorded that PC Williams came to the school. 25. The Head Master was informed on 16 March 1987 in an interview with Mrs Green and Leslie Green that Paget-Lewis had been spying on Ahmed. Ahmed had told Leslie that Paget-Lewis had said that he knew where Ahmed's mother worked and could find Ahmed even if he left the school. 26. On 17 March 1987, the Head Master met with Ahmed and his parents to explain his concerns. Ali Osman expressed his wish that Ahmed should be transferred to another school. The diary of the Head Master recorded a contact that day with PC Williams. Another meeting took place at the school on 19 March 1987 and further discussion took place about a possible transfer of Ahmed to another school. 27. During or about March-April 1987, graffiti appeared in different places near the school referring to Ahmed's alleged sexual relationship with Leslie Green. Paget-Lewis denied that he was responsible when questioned by the Deputy Head, who however noted in a report dated 5 May 1987 that Paget-Lewis knew the exact wording and the exact locations of all the graffiti.