Search
document

Document text Analytics

KISS AGAINST THE UNITED KINGDOM

Doc ref: 6224/73 • ECHR ID: 001-49225

Document date: June 9, 1994

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 0

KISS AGAINST THE UNITED KINGDOM

Doc ref: 6224/73 • ECHR ID: 001-49225

Document date: June 9, 1994

Cited paragraphs only

RESOLUTION DH (78) 3

The Committee of Ministers,

Having regard to Article 32 (art. 32) of the European Convention for

the Protection of Human Rights and Fundamental Freedoms

(hereinafter referred to as the "convention");

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the convention

relating to the application lodged by Mr Lazlo Kiss against the United

Kingdom (Application No. 6224/73);

Whereas on 5 December 1977 the Commission transmitted the

said report to the Committee of Ministers and whereas the

period of three months provided for in Article 32, paragraph 1

(art. 32-1) of the convention has elapsed without the case having been

brought before the European Court of Human Rights in pursuance of

Article 48 (art. 48) of the convention;

Whereas in his application introduced on 23 April 1973 the applicant

alleges that the refusal by the Home Secretary to allow him to take

legal proceedings against a prison officer was contrary to his right

of access to the courts in the determination of his civil rights,

ensured by Article 6, paragraph 1 (art. 6-1) of the convention as

interpreted by the European Court of Human Rights in its judgment of

21 February 1975 in the Golder case, and that furthermore, the

disciplinary proceedings against him contravened his right to a fair

hearing in the determination of a criminal charge, as is also ensured

by Article 6, paragraph 1 (art. 6-1) of the convention;

Whereas the Commission in its decision of 16 December 1976 on the

admissibility found the part of the application concerning the refusal

of permission to institute civil proceedings raised issues under

Article 6, paragraph 1 (art. 6-1) of the convention, but declared

inadmissible the remainder of the application;

Whereas the Commission in its report adopted on 8 October 1977

concluded that, as in the Golder case, the refusal by the Home

Secretary of the applicant's petitions of 16 May 1973 and

23 January 1974 to take legal proceedings against a prison officer

actually impeded the launching of the contemplated action and that, in

his refusals of authorisation to institute proceedings, the Home

Secretary had failed to respect Mr Kiss's right to go before a civil

court as guaranteed by Article 6, paragraph 1 (art. 6-1) of the

convention;

Whereas in its report the Commission expressed the opinion

that the facts of the present case disclose a breach of

Article 6, paragraph 1 (art. 6-1) of the convention;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1) of the convention;

Whereas during the examination of this case, the Committee of

Ministers was informed by the Government of the United Kingdom that,

whilst accepting that in this case there was a violation of Article 6,

paragraph 1 (art. 6-1) of the convention as that article was

interpreted by the European Court of Human Rights in the Golder case,

the facts complained of by Mr Kiss in his application had occurred

prior to the judgment of the Court of 21 February 1975 in the Golder

case, and that the Committee, when considering the execution of this

judgment, had been informed of certain measures taken in consequence

of the said judgment, which information was summarised in the appendix

to Resolution (76) 35 adopted by the Committee of Ministers on

22 June 1976 in application of Article 54 (art. 54) of the convention;

and that therefore the facts giving rise to Mr Kiss's application

could not arise at the present time and could not have arisen at any

time after August 1975 when the said measures were introduced and that

therefore this case did not give rise to any need to take further

measures;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1) of the convention,

a. Decides that in this case there has been a violation of

Article 6, paragraph 1 (art. 6-1) of the convention;

b. Decides, having regard to the information supplied by the

Government of the United Kingdom, that no further action is called for

in this case.

* *

RESOLUTION DH (94) 35

The Committee of Ministers,

Whereas the Committee decided to terminate its examination

of the Hilton case by Resolution DH (79) 3 and the Kiss case by

Resolution DH (78) 3;

Having regard to the request formulated by the Government

of the United Kingdom on 18 April 1994 to have the reports

adopted by the European Commission of Human Rights on

8 October 1977 in the case of Kiss against the United Kingdom

(Application No. 6224/73) and on 6 March 1978 in the case of

Hilton against the United Kingdom (Application No. 5613/72) made

public,

Decides to make public the above-mentioned reports of the

Commission.

LEXI

Lexploria AI Legal Assistant