AS TO THE ADMISSIBILITY OF 1. Application No. 12690/87 2. Application No. 12731/87 P by James CLINTON P by Sean SIMPSON 3. Application No. 12823/87 4. Application No. 12900/87 P by Sean MAGUIRE P by Patrick McGEOWN 5. Application No. 13032/87 6. Application No. 13033/87 P by John MURRAY P by Philip CAMPBELL 7. Application No. 13246/87 8. Application No. 13231/87 P by Kieran SMYTH P by Guy BRESLIN 9. Application No. 13232/87 10. Application No. 13233/87 P by John CONNOLLY P by Sean McGUINNESS 11. Application No. 13310/87 12. Application No. 13553/88 NP by X. NP by Y. 13. Application No. 13555/88 NP by Z. all against the United Kingdom The European Commission of Human Rights sitting in private on 31 May 1991, the following members being present: MM. S. TRECHSEL, President of the Second Chamber G. JÖRUNDSSON A. WEITZEL H.G. SCHERMERS Mrs. G.H. THUNE Sir Basil HALL M. F. MARTINEZ Mrs. J. LIDDY MM. J.C. GEUS M.P. PELLONPÄÄ Mr. K. ROGGE, Secretary to the Second Chamber Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms; Having regard to : - the application introduced on 27 January 1987 by James CLINTON against the United Kingdom and registered on 2 February 1987 under file No. 12690/87; - the application introduced on 6 February 1987 by Sean SIMPSON against the United Kingdom and registered on 17 February 1987 under file No. 12731/87; - the application introduced on 13 March 1987 by Sean MAGUIRE against the United Kingdom and registered on 24 March 1987 under file No. 12823/87; - the application introduced on 1 May 1987 by Patrick McGEOWN against the United Kingdom and registered on 5 May 1987 under file No. 12900/87; - the application introduced on 1 June 1987 by John MURRAY against the United Kingdom and registered on 9 June 1987 under file No. 13032/87; - the application introduced on 2 June 1987 by Philip CAMPBELL against the United Kingdom and registered on 12 June 1987 under file No. 13033/87; - the application introduced on 18 September 1987 by Kieran SMYTH against the United Kingdom and registered on 28 September 1987 under file No. 13246/87; - the application introduced on 14 May 1987 by Guy BRESLIN against the United Kingdom and registered on 28 September 1987 under file No. 13231/87; - the application introduced on 14 May 1987 by John CONNOLLY against the United Kingdom and registered on 28 September 1987 under file No. 13232/87; - the application introduced on 14 May 1987 by Sean McGUINNESS against the United Kingdom and registered on 28 September 1987 under file No. 13233/87; - the application introduced on 10 August 1987 by X. against the United Kingdom and registered on 19 October 1987 under file No. 13310/87; - the application introduced on 1 October 1987 by Y. against the United Kingdom and registered on 26 January 1987 under file No. 13533/88; - the application introduced on 25 June 1987 by Z. against the United Kingdom and registered on 26 January 1988 under file No. 13555/88; Having regard to : - reports provided for in Rule 47 of the Rules of Procedure of the Commission; - the Commission's decision of 7 October 1987 to bring Applications Nos. 12690/87, 12731/87 and 12900/87 to the notice of the respondent Government without inviting the parties to submit written observations on admissibility and merits at that stage pending the outcome of the case of Fox, Campbell and Hartley v. the United Kingdom and, in the meantime, to adjourn its examination of these three applications ; - a similar decision of the Commission on 6 May 1989 in the other 10 applications ; - the Court's judgment in the above-mentioned case on 30 August 1990 (Eur. Court H.R., Fox, Campbell and Hartley judgment of 30 August 1990, Series A no. 182) ; - the Commission's decision of 7 September 1990 to invite the parties to submit written observations on the applications in the light of that judgment ; - the observations of the applicants' representatives in the last six applications submitted on 7 November 1990 ; - the Government's observations submitted on 4 January 1991 ; - the observations of the applicants' representatives in the first seven applications submitted on 12 February 1991 ; - the Commission's decision of 9 April 1991 to refer the applications to the Second Chamber ; Having deliberated; Decides as follows: THE FACTS A. The first seven applicants The first applicant, James Clinton, is an Irish citizen, born in 1960 and resident in Belfast. The second applicant, Sean Simpson, is an Irish citizen, born in 1959 and resident in Belfast. The third applicant, Sean Maguire, is an Irish citizen, born in 1957 and resident in Belfast. The fourth applicant, Patrick McGeown, is an Irish citizen, born in 1956 and resident in Belfast. The fifth applicant, John Murray, is an Irish citizen, born in 1950 and resident in Belfast. The sixth applicant, Philip Campbell, is an Irish citizen, born in 1957 and resident in Belfast. The seventh applicant, Kieran Smyth, is an Irish citizen, born in 1960 and resident in Belfast. The seven applicants are represented before the Commission by Messrs. Madden and Finucane, Solicitors, Belfast. B. The other six applicants The eighth applicant, Guy Breslin, is a British citizen, born in 1968 and resident in Strabane, County Tyrone. The ninth applicant, John Connolly, is an Irish citizen, born in 1968 and resident in Strabane, County Tyrone. The tenth applicant, Sean McGuinness, is a British citizen, born in 1966 and resident in Strabane, County Tyrone. The eleventh applicant is a British citizen, born in 1969 and resident in Strabane, County Tyrone. The twelfth applicant is an Irish citizen, born in 1964 and resident in Strabane, County Tyrone. The thirteenth applicant is an Irish citizen, born in 1962 and resident in Strabane, County Tyrone. These six applicants are represented before the Commission by Messrs. John Fahy & Co., Solicitors, Strabane, County Tyrone. The facts of the present cases, as submitted by the parties, may be summarised as follows : C. The particular circumstances of the cases 1. Application No. 12690/87 : James Clinton At 06.00 hours on 21 October 1986 the first applicant was arrested under section 11 of the Northern Ireland (Emergency Provisions) Act 1978 (the 1978 Act) and was taken to Castlereagh Police Office. At the time of his arrest he was told that he was being arrested under section 11 of the 1978 Act as he was suspected of being involved in terrorism. According to the Government, he was arrested as a result of information received by the Royal Ulster Constabulary (the RUC) from a usually reliable source which indicated that he was involved in a terrorist incident, an attempted murder in Ormeau Road on 3 October 1986. Interviewing began five hours later at 11.00 hours on the day of his arrest and at that interview the first applicant was informed that he was being questioned in connection with the aforementioned attempted murder and possession of firearms. During his interviews the first applicant was questioned in connection with the circumstances of the Ormeau Road incident and it was put to him that on the night in question he was in possession of the firearm which caused the terrorist incident. The first applicant declined to answer any questions put to him during his interviews and refused to speak at all. At 16.20 hours on 22 October 1986 he was released without charge, within 35 hours of his arrest. 2. Application No. 12731/87 : Sean Simpson The second applicant was arrested at 05.45 hours on 13 January 1987 under section 11 of the 1978 Act and was taken to Castlereagh Police Office. At the time of his arrest he was told that he was being arrested under section 11 of the 1978 Act as he was suspected of being involved in terrorism. According to the Government, he was arrested as a result of information received by the RUC from a usually reliable source which indicated that he was a member of the Provisional Irish Republican Army (PIRA). Interviewing began five and a quarter hours later at 11.00 hours on the day of his arrest and he was told that he was being questioned in connection with his suspected membership of PIRA. During subsequent interviews the second applicant was questioned about his membership of PIRA and, in particular, the group within PIRA which, through violence and the threat of violence, enforces discipline within that organisation. He was further questioned about his involvement in the movement of weapons and in terrorist activities in the Belfast area. The second applicant declined to answer any questions or to speak at all. At 17.30 hours on 14 January 1987 he was released without charge, within 36 hours of his arrest. 3. Application No. 12823/87 : Sean Maguire The third applicant was arrested at 06.35 hours on 11 November 1986 under section 11 of the 1978 Act and was taken to Castlereagh Police Office. At the time of his arrest he was told that he was being arrested under section 11 of the 1978 Act as he was suspected of being involved in terrorism. According to the Government, he was arrested because information was received by the RUC from a usually reliable source which indicated that he was a member of the Ardoyne PIRA and involved in certain specific terrorist crimes in the North Belfast area. Interviewing began four hours later at 10.40 hours during which he was told he was being questioned in connection with the aforementioned matters.