CASE OF SILVER AND OTHERS
Doc ref: 5947/72;6205/73;7052/75;7061/75;7107/75;7113/75;7136/75 • ECHR ID: 001-55432
Document date: June 28, 1985
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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 judgments of the European Court of Human Rights
in the case of Silver and others, delivered on 25 March 1983 and
24 October 1983 and transmitted the same days to the Committee of
Ministers;
Recalling that the case had its origins in seven applications lodged with
the European Commission of Human Rights under Article 25 (art. 25)
of the convention by Mr Reuben Silver, Mr Clifford Dixon Noe,
Mrs Judith Colne, Mr James Henry Tuttle, Mr Gary Cooper,
Mr Michael McMahon and Mr Desmond Roy Carne, complaining that the
control of their mail by prison authorities constituted a breach of
their right to respect for correspondence and their freedom of
expression guaranteed by Articles 8 and 10 (art. 8, art. 10)
of the convention, that, contrary to Article 13 (art. 13), no
effective domestic remedy existed for the aforesaid breaches and
Mr Silver claiming that he had been denied access to the courts in
violation of Article 6, paragraph 1 (art. 6-1), on account of the
refusal of two petitions for permission to seek legal advice;
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas, in its judgment of 25 March 1983, the Court unanimously:
- Holds that the refusal of Mr Silver's petition of 20 November 1972
to the Home Secretary gave rise to a violation of Article 6,
paragraph 1 (art. 6-1), of the convention;
- Holds that, with the exception of Mr Silver's letter No. 7,
Mr Noe's letters Nos. 10 and 12 and Mr Cooper's letters Nos. 28 to 31,
the stopping or delaying of all the letters written by or addressed to
each applicant which are at issue in the present case constituted a
violation of Article 8 (art. 8);
- Holds that it is not necessary also to examine the case under
Article 10 (art. 10);
- Holds that it is also not necessary to examine under Article 13
(art. 13) the Article 6, paragraph 1 (art. 6-1) and Article 10
(art. 10) aspects of the applicants' complaints;
- Holds that there has been a violation of Article 13 (art. 13)
to the extent specified in paragraph 119 of the judgment;
- Holds that the question of the application of Article 50
(art. 50) is not ready for decision;
Whereas in its judgment of 24 October 1983, the Court unanimously:
- Holds that the United Kingdom is to pay, in respect of the
applicants' costs and expenses referable to the proceedings before the
Commission and the Court, the sum resulting from the calculations to
be made in accordance with paragraph 21 of the judgment;
- Rejects the remainder of the applicants' claims;
Having regard to the "Rules 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 judgments,
having regard to its obligation under Article 53 (art. 53) of the
convention to abide by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of the United Kingdom informed the Committee
of Ministers of the measures taken in consequence of the judgments,
which information is summarised in the appendix to this resolution;
Having satisfied itself that the Government of the United Kingdom has
paid the applicants the sum provided for in the judgment of the Court
of 24 October 1983,
Declares after taking note of the information supplied by the
Government of the United Kingdom, that it has exercised its function
under Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (85) 15
Information provided by the Government of the United Kingdom
during the examination of the Silver and others case
before the Committee of Ministers
On 14 November 1983, the Government of the United Kingdom paid to the
applicants the sum ordered by the Court to be paid in respect of costs
and expenses in its judgment of 24 October 1983.
On 1 December 1981, changes were made in the prison regulations
applying to England and Wales. The Court was informed of these new
regulations and, in its judgment of 25 March 1983, noted with
satisfaction that substantial changes had been made by the United
Kingdom with a view to ensuring the observance of the engagements
undertaken by it in the convention.
Similar changes were made in Scotland on 1 August 1983 and in Northern
Ireland on 1 February 1985.