The judges decision at the European Court of Human Rights was unanimous. Photo: CherryX CC-BY-SA-3.0

The Naked Rambler Stephen Gough has failed in an appeal to a European court against a breach of his human rights.

Gough, 55, of Eastleigh, Hampshire argued that his right to respect for human life and freedom of expression had been denied by his repeated arrests for going without clothes in public.

But seven judges at the European Court of Human Rights ruled unanimously against his appeal, saying he was responsible for his treatment because of his repeated refusal to obey the law over a number of years.

Gough, who walked naked from Land’s End to John O’Groats, was arrested more than 30 times in Scotland and served a total of seven years in jail for breach of the peace and contempt of court.

The judges said, while the fact he had spent so long in prison for relatively trivial offences was troubling, his own responsibility for the convictions and the sentences imposed could not be ignored.

The court said: “Since Mr Gough had chosen to be naked in public in order to give expression to his opinion as to the inoffensive nature of the human body, his public nudity could be seen as a form of expression which fell within the ambit of Article 10 [freedom of expression].

“His arrest, prosecution, conviction and detention constituted an interference with that article; the question was whether that interference was justified.

“The repressive measures taken against Mr Gough were in accordance with domestic law and pursued the legitimate aim of preventing disorder and crime, including the broad aim of seeking to ensure respect for the law in general.

“As to whether the measures were ‘necessary in a democratic society’, the court noted that they were not the result of any blanket prohibition on public nudity. Each arrest was considered on its own facts and each conviction and sentence followed upon careful consideration of the individual incident and Mr Gough’s offending history.

“It was also noteworthy that, following his early convictions, Mr Gough was either admonished or received a short custodial sentence. It was only after a number of convictions that the courts began to impose more substantial custodial sentences.

“Even then, efforts were made to enable a less harsh penalty to be imposed but Mr Gough refused to agree to a condition of remaining clothed in public.

“The court accepted that the cumulative impact of the measures was undeniably severe, in that Mr Gough had served over seven years in prison in Scotland since 2003 following convictions for appearing naked in public.

“However, it considered that his own responsibility for the convictions and the sentences imposed could not be ignored. It emphasised that in exercising his right to freedom of expression, Mr Gough was under a general duty to respect the laws of Scotland and to pursue his desire to bring about change in accordance with those laws.

“He had many other avenues for expressing his opinion on nudity or for initiating a public debate on the subject.

“The Court also found that Mr Gough was under a duty, particularly in light of the fact that he was asking for tolerance in respect of his own conduct, to demonstrate tolerance of and sensibility to the views of other members of the public. However, he insisted upon his right to appear naked at all times and in all places, including in the courts, in the communal areas of prisons and on aeroplanes, without any demonstration of sensitivity to the views of others or to the fact that they might consider his behaviour offensive.”

The Strasbourg court also ruled his right to respect for private life had not been breached.

Former Royal Marine Stephen Gough is currently serving a 2½-year jail sentence imposed this month after being found guilty of a breach of and anti-social behaviour order at Winchester Crown Court. The Asbo banned him from appearing naked in public.

He was arrested after walking from Winchester Prison in just his boots and socks.