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CASE OF CAMPBELL AGAINST THE UNITED KINGDOM

Doc ref: 13590/88 • ECHR ID: 001-55572

Document date: January 26, 1993

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 1

CASE OF CAMPBELL AGAINST THE UNITED KINGDOM

Doc ref: 13590/88 • ECHR ID: 001-55572

Document date: January 26, 1993

Cited paragraphs only

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 Campbell case delivered on 25 March 1992 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 14 January 1986 under Article 25 (art. 25) of the

Convention by Mr Thomas Campbell, a British national, who

complained of interference by the prison authorities with his

correspondence to and from his solicitor and the European

Commission of Human Rights;

Recalling that the case was brought before the Court by the

Commission on 12 October 1990 and by the Government of the United

Kingdom on 22 November 1990;

Whereas in its judgment of 25 March 1992 the Court:

- held by eight votes to one that the interference with the

applicant's correspondence with his solicitor gave rise to a

violation of Article 8 (art. 8);

- held by eight votes to one that the interference with the

applicant's correspondence with the Commission gave rise to a

violation of Article 8 (art. 8);

- held unanimously that it was not necessary to examine

whether or not there had been a breach of Article 25,

paragraph 1 (art. 25-1);

- held unanimously that the United Kingdom was to pay to the

applicant within three months, in respect of costs and expenses,

the sums resulting from the calculations to be made in accordance

with paragraph 73 of the judgment;

- dismissed unanimously the remainder of the claim for just

satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of

the Convention;

Having invited the Government of the United Kingdom to

inform it of the measures which had been taken in consequence of

the judgment of 25 March 1992, having regard to its obligation

under Article 53 (art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of the United Kingdom gave the

Committee information about the measures taken in consequence of

the judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of the United

Kingdom has paid the applicant the sum provided for in the

judgment,

Declares, after having taken note of the information

supplied by the Government of the United Kingdom, that it has

exercised its functions under Article 54 (art. 54) of the

Convention in this case.

Appendix to Resolution DH (93)5

Information provided by the Government of the United Kingdom

during the examination of the Campbell case

by the Committee of Ministers

An administrative circular No. SOA 6/92, with a view to

amending the standing orders applying to the correspondence of

all categories of prisoners, was sent on 5 October 1992 to all

prison governors in Scotland. Standing order amendments followed

on 18 November 1992. The circular, which came into force on

12 October 1992, describes in detail the procedure to be followed

regarding control over correspondence with legal advisers as well

as correspondence with the European Commission and Court of Human

Rights.

Following the Court's judgment in the present case, any

correspondence between a prisoner and a legal adviser, incoming

as well as outgoing, shall henceforth be handed over to him or

mailed without having been opened or read. Only in exceptional

cases, when there is reasonable cause to believe that the said

correspondence contains an illicit enclosure which the normal

means of detection have failed to disclose, or that the privilege

is being abused, may a letter addressed to or coming from a legal

adviser be opened in the prisoner's presence, but not read.

The prison governor may himself decide that a particular

prisoner's correspondence with his legal adviser should be read.

That must, however, take place only in exceptional cases,

specifically listed, and must not be maintained for any longer

than is defensible.

As regards correspondence between a prisoner and the

Commission and Court of Human Rights, it will neither be opened

nor read as long as the prison authorities are able to make sure,

by seeing or feeling the envelopes, that the said correspondence

does originate in Strasbourg or that the address stated by the

prisoner does correspond to the Convention organs' address.

The sum awarded by way of just satisfaction for costs and

expenses, £ 9 997,84, was paid on 28 April 1992.

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