CASE OF COLMAN AGAINST THE UNITED KINGDOM
Doc ref: 16632/90 • ECHR ID: 001-55571
Document date: October 15, 1993
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The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Colman case delivered on 28 June 1993 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application against
the United Kingdom lodged with the European Commission of Human
Rights on 11 May 1990 under Article 25 (art. 25) of the
Convention by Mr Richard Colman, a British national, who inter
alia complained of certain limitations imposed on his right to
publish in the press information concerning his medical practice;
Recalling that the Commission declared the application
admissible on 5 September 1991 and in its report adopted
on 19 October 1992 expressed the opinion, by eleven votes to
eight, that there had been no violation of Article 10 (art. 10)
of the Convention and, by eighteen votes to one, that there had
been no violation of Article 13 (art. 13) of the Convention;
Recalling that the case was brought before the Court by the
Commission on 18 January 1993;
Whereas in its judgment of 28 June 1993 the Court, after
having taken formal note of a friendly settlement reached by the
Government of the United Kingdom and the applicant and having
found that there was no reason of public policy why the case
should not be struck out of the list, decided unanimously to
strike the case out of its list;
Whereas under the above-mentioned friendly settlement it
was agreed that:
"... without any admission by the government that a breach
of the Convention has occurred and on the conditions that the
case is withdrawn from the Court and no further cases are
instituted against the government in respect of this matter in
any national or international court, the government pay the
applicant £12 500";
Recalling that Rule 49, paragraph 3, of the Court's revised
rules provides that the striking out of a case shall be effected
by means of a judgment which the President shall forward to the
Committee of Ministers in order to allow them to supervise, in
accordance with Article 54 (art. 54) of the Convention, the
execution of any undertakings which may have been attached to the
discontinuance or solution of the matter;
Having satisfied itself that the Government of the United
Kingdom has paid to the applicant the sum provided for in the
friendly settlement,
Declares that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.