Text 4.3 Tyrer Case European Court of Human Rights

25 April 1978

In the Tyrer case.

The European Court of Human Rights sitting, in accordance with Article 43 of the Convention for the Protection of Human Rights and Fundamental freedoms and Rule 21 of the Rules of Court, as a Chamber composed of the following judges:

[List of those present]

Delivers the following judgement:

1. The Tyrer case was referred to the Court by the

European Commission of Human Rights. The case was

based on an application against Great Britain by a

United Kingdom citizen, Mr. Anthony M. Tyrer.

[ ---------------]

As to the facts

A. The applicant's punishment

9. Mr. Anthony M. Tyrer, a citizen of the United Kingdom born on 21 September 1956, is resident in Castletown, Isle of Man. On 7 March 1972, being aged 15 of previous good character, he pleaded guilty before the local juvenile court to assault causing actual bodily harm to a senior pupil at his school. The assault, committed by him with 3 other boys, was motivated by the fact that the victim had reported the boys for taking beer into the school, as a result of which they had been caned. The applicant was sentenced on the same day to 3 strokes of the birch

He appealed against the sentence to the High Court of Justice of the Isle of Man. The appeal was heard and dismissed on the afternoon of 28 April 1972. The court ordered theapplicant to be medically examined in the morning of the same day to be sure he was fit to receive the punishment.

10.Mr. Tyrer was birched late in the afternoon of the same day. His father and a doctor were present. Mr. Tyrer was held bytwo policemen while a third administered the punishment. The applicant's father lost his self-control and after the third stroke "went for" one of the policeman and had to be restrained Mr. Tyrer was ill for about a week and a half afterwards.

11.The applicant was sentenced according to section 56 (1) of the Petty Sessions and Summary Jurisdiction Act 1927, which runs as follows:

"Any person who shall unlawfully assault or beat any other person, shall be liable to a fine not more than 30 pounds or to be imprisoned for a term not exceeding 6 months, .and if the offender is a male child or a male young person, to be whipped." The expression "child" and 'Young person" mean, respectively, an individual of or over the age 10 and under 14and an individual of or over the age of 14 and under 17.

12.Execution of the sentence was governed by the following provisions:

(a)The instrument used shall, in the case of a child, be acane, and in any other case - a birch rod.

(b)The court shall specify the number of strokes, being inthe case of a child not more than 6 strokes, and in any other case - not more than 12 strokes.

(c)The whipping shall be inflicted privately as soon aspracticable after sentence and in any event shall not take place after the expiration of 6 months from the passing of the/sentence.

(d) The whipping shall be inflicted by a constable in the presence of a police officer of higher rank than a constable, andin the case of a child or a young person, also in the presence, ifhe desires to be present, of the parent or guardian of the child or young person.

Ex.20 Check that you now have the following information about the text a) the court; b) the date; c) the origin of the case; d) the parties to the case; e) the main issue; f) the main subject of paragraph 9,10,11.

Ex.21 Summary writing. You are going to produce a summary of the Tyrer case. To do this , reread carefully paragraphs 9 and 10. Use the dictionary to find out the meaning of unknown words.

Ex.22 For each group of main points in your text write a question. For example, questions to paragraph 9 could be:

1 .Who is the applicant?

2.Whatdidhedo?

Be careful that your questions cover all the main ideas from the text.

Ex.23 For each question, write an answer in note form. Write notes on a separate piece of paper. Use your own words where possible. It looks like this:

Who is the applicant? - Notes: Applicant -Anthony Tyrer - UK citizen - resident Isle of Man -15 at time of assault.

Continue to write the summary of the text by answering your own questions in note form After you've done it, compare your summary with other members in the class. Have you included the same points?

Ex.24 Without looking at the text again, complete the following summary by providing a suitable word or phrase for each blank space.

The Tyrer case was referred to (1)... after an application was made by Mr. Anthony M. Tyrer, against (2)... .The court delivered judgement on April, (3)... .

At the age of (4)..., Mr. Anthony Tyrer, resident on (5)..., was convicted of (6)... by the local (7)... . Mr. Tyrer had assaulted (8)... at (9)... together with (10)... . The reason the boys gave for the (11)... was that they had been punished after the (12)... had (13)... .The court sentenced Mr. Tyrer under the(14) ... Act 1927 to (15) ... His appeal against the (16) ... to the (17) ... was (18) ... . Mr. Tyrer was given a (19) ... examination in the morning and late in the afternoon the (20) ... was inflicted by (21) ... in the presence of (22)... Mr. Tyrer's father was unable to (23) ... himself during the punishment and attacked one of the (24)...

Ex.25 Use your notes to tell everything you know about the Tyrer case.