FINAL RESOLUTION DH (98) 201

HUMAN RIGHTS

APPLICATION No. 21967/93

SÁRKÖZY AGAINST HUNGARY

(Adopted by the Committee of Ministers on 10 July 1998

at the 637th 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) 515, adopted on 29 October 1997 in the case of Sárközy against Hungary (Application No. 21967/93) in which the Committee of Ministers decided that there had been in this case a violation of Article 8 of the Convention, as a result of the opening of the Commission’s letter to the applicant dated 23 June 1993, that there had been no violation of Article 8 of the Convention in respect of the remainder of the correspondence issues, that there had been no violation of Article 3 of the Convention, that there had been no violation of Article 13, in conjunction with Article 3 of the Convention and no violation of Article 13, in conjunction with Article 8 of the Convention;

Whereas during the examination of this case, the Committee of Ministers was informed that a friendly settlement had been reached on 7 October 1997 between the applicant and the Government of Hungary, which provides in particular that:

"- the Government of the Republic of Hungary will express its regret for the opening of the letter of the European Commission of Human Rights, dated 23 June 1993;

- the Government of the Republic of Hungary will pay [the applicant] a sum of just satisfaction of 850 000 Hungarian Forints;

- the Government of the Republic of Hungary will send commanders of penitentiary institutions a circular letter reminding them that penitentiary authorities should pay greater attention to the fact that the correspondence of prisoners with the European Commission of Human Rights cannot be subject to any surveillance, and the Government will give wide publicity to the findings of the Commission once the confidentiality of its report on the application has been lifted;

- [the applicant] acknowledges that the payment of the above-mentioned sum will constitute full and final reparation for the pecuniary and non-pecuniary damage alleged in [his] application and will also cover in their entirety the lawyer’s fees and other costs incurred [by the applicant] in this case;

- [the applicant] agrees therefore to withdraw his application [under the Convention] and not to institute any further proceedings on this matter in the national or international courts;"

Whereas the Committee of Ministers invited the Government of Hungary to inform it of the measures taken following, on the one hand, its decision of 29 October 1997, having regard to Hungary’s obligation under Article 32, paragraph 4, of the Convention to abide by them, and on the other hand, the friendly settlement concluded with the applicant;

Whereas, during the examination of the case by the Committee of Ministers, the Government of Hungary accordingly gave the Committee information about the measures taken by the Hungarian authorities in order to avoid new violations similar to that found in this case, this information appears in the appendix to this resolution;

Whereas the Committee of Ministers satisfied itself that, on 29 December 1997, the Government of Hungary paid the applicant the total sum of 850 000 Hungarian Forints as just satisfaction as provided for in the friendly settlement,

Declares, having taken note of the measures taken by the Government of Hungary, that it has exercised its functions under Article 32 of the Convention in this case.

Appendix to Resolution DH (98) 201

Information provided by the Government of Hungary

during the examination of the case of Sárközy

by the Committee of Ministers

The Government of Hungary has adopted a number of measures to ensure respect for prisoners’ correspondence in conformity with the requirements of the Convention. The Government expresses its regret that the earlier rules led to the violation found in the present case.

While the case was still pending before the Commission, the Minister of Justice of Hungary adopted the Order No. VII.12 (6/1996) relating to prisoners’ correspondence, which entered into force on 1 October 1996. This new text provides that a prisoner’s correspondence with the authorities, international organisations and his or her counsel shall not be subject to surveillance with respect to their content. However, if there are reasonable grounds to believe that a letter arriving for a prisoner is not sent by the authorities, the international organisation or the lawyer indicated on the envelope, the letter shall be opened in the presence of the prisoner and this shall be recorded. The control shall be limited to the identification of the sender.

Furthermore, the Government has indicated in a circular letter to the directors of penitentiary institutions that prisoners’ correspondence with the European Commission of Human Rights must not be subject to any control by the authorities. Moreover, after the adoption by the Committee of Ministers of Interim Resolution (97) 515 making public the Commission’s report, the latter was widely disseminated to penitentiary institutions.

The Government considers that the measures so adopted will avoid new violations similar to that found in the present case and that, consequently, Hungary has fulfilled its obligations under Article 32, paragraph 4, of the Convention.