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Tyrer v. The United Kingdom

26 Eur. Ct. H.R. (ser. A) 14-17 (1978)

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Tyrer v. The United Kingdom

European Court of Human Rights
26 Eur. Ct. H.R. (ser. A) 14-17 (1978)

Facts

Anthony Tyrer (plaintiff), a 15-year-old United Kingdom citizen and resident of the Isle of Man, assaulted a classmate and was sentenced to three strokes of a birch pursuant to the laws of the Isle of Man. Tyrer appealed, but his appeal was dismissed. Tyrer was subsequently birched by the police at the police station and was sore for many days after the punishment was administered. Tyrer filed an application with the European Commission of Human Rights (the commission) against the United Kingdom government (defendant), alleging a violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention). The commission found that the punishment was degrading and a violation of Article 3. The matter was referred by the commission to the European Court of Human Rights. The attorney general for the Isle of Man argued that the punishment did not outrage public opinion on the island and was therefore not a violation of Article 3. The attorney general further argued that the punishment was conducted in private and Tyrer’s name was not published.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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