Final resolution DH (99) 464

HUMAN RIGHTS

APPLICATION No. 21451/93

GERRARD AGAINST UNITED KINGDOM

(Adopted by the Committee of Ministers on 15 July 1999 at the 677th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (97) 600 adopted on 15 December 1997 in the case of Gerrard against United Kingdom, in which the Committee of Ministers decided that there had been in this case a violation of Article 8 of the Convention and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 19 October 1998;

Whereas at the 654th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 25 January 1999, in accordance with Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 800 Pounds sterling in respect of non-pecuniary damage, 12 Pounds sterling in respect of pecuniary damage and 3 508 Pounds sterling in respect of costs and expenses, namely a total sum of 4 320 Pounds sterling, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 15 December 1997 and 25 January 1999, having regard to the United Kingdom’s obligation under Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State accordingly gave the Committee information about the measures taken in consequence of the Committee’s decisions; this information a p pears in the appendix to this resol u tion;

Whereas the Committee of Ministers satisfied itself that, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 4 320 Pounds sterling as just satisfaction,

Declares, after having taken note of the measures taken by the Government of the United Kingdom, that it has exercised its fun c tions under Article 32 of the Convention in this case.

Appendix to Resolution DH (99) 464

Information provided by the Government of the United Kingdom during the examination of the Gerrard case by the Committee of Ministers

The Government of the United Kingdom recalled that measures had already been taken to avoid new similar violations (see notably Resolution DH (93) 5 in the Campbell case against the United Kingdom) and that, subsequently, further measures had been taken in the form of an amendment to the Prison Rules.  The amendment came into force on 1 January 1994 (Prison – Amendment No. 2 – Rules 1993).  Under the new rules, correspondence between a prisoner and his legal adviser or the courts (including the European Court of Human Rights) should not be opened except in specified circumstances where the Prison Governor has reasonable cause to believe that its contents endanger prison security or the safety of others or are otherwise of a criminal nature.  If such correspondence is to be opened, this should take place in the presence of the prisoner.  Moreover, an instruction issued by the Prison Governors (IGII3/1995) on 21 December 1995, and brought to the attention of the officers concerned, urged for a "strict compliance" with the new rules.

Finally, after the Committee of Ministers' finding of a violation of the European Convention on Human Rights, the Commission’s report as well as the Committee of Ministers’ decision have been sent out to the authorities directly concerned to clear any oversights or misunderstanding in the implementation of these rules.

The Government of the United Kingdom considers that the measures adopted will prevent further similar violations and that the United Kingdom has, accordingly, complied with its obligations under Article 32 of the Convention.