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CHESTER AGAINST UNITED KINGDOM

Doc ref: 12395/86 • ECHR ID: 001-49301

Document date: December 13, 1990

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CHESTER AGAINST UNITED KINGDOM

Doc ref: 12395/86 • ECHR ID: 001-49301

Document date: December 13, 1990

Cited paragraphs only



The Committee of Ministers, under the terms of Article 32 (art. 32) of the

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 on 10 March 1986 by Mr Peter Chester against the United

Kingdom (Request No. 12395/86);

Whereas on 3 July 1990 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 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 the applicant complained inter alia that there had

been an unjustified interference with his right to respect for his

correspondence, as guaranteed by Article 8 (art. 8) of the Convention, in

relation to several letters written by him while in prison;

Whereas the Commission declared the application admissible on 10 July 1989 as

regards the above-mentioned complaint and in its report adopted on 17 May 1990

expressed the opinion:

-  by eighteen votes to one, that there had been no violation of Article 8

(art. 8) of the Convention in respect of the applicant's letter dated

9 March 1986;

-  unanimously that there had been a violation of Article 8 (art. 8) of the

Convention in respect of the applicant's letter dated 22 July 1986 to his

solicitor;

-  by fourteen votes to five, that there had been no violation of Article 8

(art. 8) of the Convention in respect of the imposition of letter and Christmas

card quota restrictions;

-  by twelve votes to seven, that there had been no violation of Article 8

(art. 8) of the Convention in respect of the delay in posting the applicant's

letter dated 12 March 1987;

-  by twelve votes to seven, that there had been no violation of Article 8

(art. 8) of the Convention in respect of the applicant's letter dated

1 October 1987;

-  by fourteen votes to five, that there had been no violation of Article 8

(art. 8) of the Convention in respect of the interruption of the applicant's

correspondence with a fellow prisoner for a certain period;

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 the case, the Committee of Ministers was

informed by the Government of the United Kingdom that the prohibition on

correspondence containing complaints about prison treatment not yet raised

through the prescribed internal procedures was abolished in 1984 in respect of

legal correspondence,

Decides, having voted in accordance with the provisions of Article 32,

paragraph 1 (art. 32-1), of the Convention:

      i. that there has been a violation of Article 8 (art. 8) of the Convention

in respect of the applicant's letter dated 22 July 1986 to his solicitor;

      ii. that there has been no violation of Article 8 (art. 8) of the

Convention in respect of the other letters of the applicant;

Takes note of the information provided by the Government of the

United Kingdom;

Decides that no further action is called for in this case.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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