B. v. THE UNITED KINGDOM
Doc ref: 11501/85 • ECHR ID: 001-571
Document date: July 16, 1986
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The European Commission of Human Rights sitting in private on
16 July 1986, the following members being present:
MM. C.A. NØRGAARD, President
J.A. FROWEIN
F. ERMACORA
E. BUSUTTIL
G. JÖRUNDSSON
G. TENEKIDES
S. TRECHSEL
B. KIERNAN
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.C. SOYER
H.G. SCHERMERS
H. DANELIUS
G. BATLINER
H. VANDENBERGHE
Mrs G.H. THUNE
Sir Basil HALL
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Art. 25 (art. 25) of the Convention for the
Protection of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 21 December 1984 by
P.B. against the United Kingdom and registered on 20 April 1985
under file No. 11501/85;
Having regard to the report provided for in Rule 40 of the Rules of
Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is a British citizen born on 4 January 1960 and is
currently serving a prison sentence at H.M. Prison Featherstone
Wolverhampton. The facts, as submitted by the applicant, may be
summarised as follows.
On 5 September 1984 a camera crew from Central Television visited
Leicester Prison, where the applicant was then held, to collect
material for a television programme. The applicant was filmed without
his knowledge or consent. The documentary programme was screened on
public television on 10 September 1984 and the applicant discovered
that he had been filmed walking across a yard, his face fully
revealed.
The applicant complained to the prison governor, who told him that the
film crew had been briefed to ask permission of all inmates who were
filmed. The applicant was at no time asked for his permission.
The applicant also petitioned the Secretary of State but on
13 September 1984 his petition was refused.
The applicant subsequently sought legal advice with a view to
initiating court proceedings for breach of privacy against the
television company and the prison authorities. He was informed in
counsel's opinion dated 11 December 1984 that there was no ground in
English law for bringing proceedings against either party.
COMPLAINTS
The applicant complains that the film constituted a breach of his
privacy, causing embarrassment, humiliation and shame to himself and
his family and friends. He has lost contact with his family since the
film as a result and states that his prospects of employment after
release have been harmed. He further complains there is no effective
remedy for his complaints.
The applicant accordingly invokes Arts. 8 and 13 (art. 8, art. 13) of
the Convention.
Proceedings before the Commission
The application was introduced on 21 December 1984 and registered on
20 April 1985. The Secretariat requested further information in a
letter dated 14 August 1985. A further letter dated 11 March 1986 was
sent to the applicant's prison and home addresses repeating the
request for information and warning that if no reply was received the
Commission might strike the application off its list of cases. The
letter addressed to the applicant's home address was returned for the
reason that the applicant had "gone away". No reply was made to the
letter sent to the prison where the applicant had previously been
serving his sentence.
Finding of the Commission
The Commission notes that the applicant has failed to respond to a
request for further information sent on 14 August 1985 and
11 March 1985 respectively. It would further appear that if he is no
longer at the prison or home address previously given, he has failed
to inform the Commission of any change in address. The Commission
therefore finds that the applicant has lost interest in maintaining
his application before the Commission and that there are no reasons
relating to the general interest to continue its examination of the
application.
For these reasons, the Commission
DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES.
Secretary to the Commission President of the Commission
(H.C. KRÜGER) (C.A. NØRGAARD)