Mark Wilkinson and Kevin Allen, both British nationals, were both tried by district courts-martial convened under the Army Act 1955, while serving in the British Army. Mr Wilkinson pleaded guilty to the armed forces’ disciplinary offence of taking absence without leave and Mr Allen to two charges of possession of controlled drugs, contrary to the Misuse of Drugs Act 1971. They both complained that they did not have a fair hearing by an independent and impartial tribunal. Mark Wilkinson also complained that he did not have a public hearing.
The Court found that a district army court-martial convened under the Army Act 1955 did not meet the requirements of independence and impartiality required by Article 6 § 1 of the Convention in view, in particular, of the central part played by the convening officer[1]. The Court held unanimously that there had been a violation of Article 6 § 1 and that a finding of a violation constituted sufficient just satisfaction for any non-pecuniary damage suffered by the applicants. It awarded them 1988.10 pounds sterling (GBP) and GBP 1022.25 respectively for costs and expenses.
Citation: Wilkinson and Allen v the United Kingdom (Apps no 31145/96 and 35580/97) ECHR 6 February 2001
(from the official press-release prepared by the Registry Office of the European Court of Human Rights)