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JENKINSON, CHESTERTON AND AHERN AGAINST THE UNITED KINGDOM

Doc ref: 7542/76;8116/77;10165/82 • ECHR ID: 001-49263

Document date: September 16, 1986

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Cited paragraphs: 0
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JENKINSON, CHESTERTON AND AHERN AGAINST THE UNITED KINGDOM

Doc ref: 7542/76;8116/77;10165/82 • ECHR ID: 001-49263

Document date: September 16, 1986

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 reports drawn up by the European Commission of

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

relating to the applications lodged by Mr Noel Jenkinson,

Mr George Chesterton and Mr Michael Ahern against the United Kingdom

(Nos. 7542/76, 8116/77, 10165/82);

Whereas on 27 September 1985 the Commission transmitted the said

reports 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 cases having been brought before

the European Court of Human Rights in pursuance of Article 48

(art. 48) of the convention;

Whereas, in their applications introduced between 26 November 1973 and

21 May 1981, the applicants complained of the censorship of their

correspondence by the British prison authorities, and alleged breaches

of Article 8 (art. 8) of the convention, Mr Jenkinson also

complaining of a denial of access to court, contrary to Article 6,

paragraph 1 (art. 6-1), of the convention, and Mr Ahern of a denial

of adequate facilities to prepare a defence to criminal charges,

contrary to Article 6, paragraph 3.b (art. 6-3-b), of the convention;

Whereas the Commission declared the applications admissible on

4 March 1985 and in its reports adopted on 13 May 1985 expressed

the opinion that there had been breaches of Article 8 (art. 8)

of the convention by unanimous votes in each case, that there had been

a breach of Article 6, paragraph 1 (art. 6-1), of the convention in

Mr Jenkinson's case, but no breach of Article 6 (art. 6) of the

convention in Mr Ahern's case;

Agreeing with the opinion expressed by the Commission in accordance

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

Having examined the proposals made by the Commission in accordance

with Article 31, paragraph 3 (art. 31-3), of the convention;

Whereas during the examination of these cases the Government of the

United Kingdom informed the Committee of Ministers that it accepted

the opinions expressed by the Commission in its reports as well as the

proposals made under Article 31, paragraph 3 (art. 31-3),

of the convention;

Whereas the Commission has stated that the merits of these

applications resemble the test case of "Silver and others", and whereas

in its Resolution DH (85) 15 on the "Silver and others" case, the

Committee was informed by the Government of the United Kingdom of the

measures taken in consequence of the judgment of the Court, which

information was summarised in the appendix to the resolution;

Taking note with satisfaction that the Government of the United

Kingdom has paid to the three applicants the amounts proposed by the

Commission;

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

(art. 32-1), of the convention,

a. Decides:

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

convention in these cases;

ii. that there has been a violation of Article 6, paragraph 1

(art. 6-1), in the case of Mr Jenkinson;

iii. that there has not been a violation of Article 6 (art. 6) in the

case of Mr Ahern;

b. Decides that no further action is called for in these cases.

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