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THE SUNDAY TIMES CASE

Doc ref: 6538/74 • ECHR ID: 001-55407

Document date: April 2, 1981

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Cited paragraphs: 0
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THE SUNDAY TIMES CASE

Doc ref: 6538/74 • ECHR ID: 001-55407

Document date: April 2, 1981

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 judgments of the European Court of Human

Rights in The Sunday Times case, delivered on 26 April 1979 and

6 November 1980, and transmitted the same days to the Committee of

Ministers;

Recalling that the case had its origins in an application against the

United Kingdom lodged with the European Commission of Human Rights

under Article 25 (art. 25) of the convention by the publishers (Times

Newspapers Limited), the editor (Mr Harold Evans) and a group of

journalists of the British weekly newspaper The Sunday Times and

alleging violation of Articles 10, 14 and 18 (art. 10, art. 14,

art. 18) of the convention;

Recalling that the case had been brought before the Court by the

European Commission of Human Rights;

Whereas in its judgment of 26 April 1979 the Court holds:

- by 11 votes to 9 that there has been a breach of Article 10 (art. 10)

of the convention;

- unanimously that there has been no breach of Article 14 taken together

with Article 10 (art. 14+10);

- unanimously that it is not necessary to examine the question of a

breach of Article 18 (art. 18);

- unanimously that the question of the application of Article 50

(art. 50) is not ready for decision;

Whereas in its judgment of 6 November 1980 the Court:

- holds, by 13 votes to 3, that the United Kingdom is to pay to the

applicants, in respect of costs and expenses incurred in connection

with the proceedings before the Commission and the Court, the sum of

twenty-two thousand, six hundred and twenty-six pounds sterling and

seventy-eight pence (£22 626.78);

- rejects unanimously the remainder of the claim for just satisfaction;

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 obligations 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 awarded the just satisfaction provided for in the judgment of the

Court of 6 November 1980,

Declares, after having taken 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 (81) 2

Information provided by the Government of the United Kingdom

during the examination of The Sunday Times case

before the Committee of Ministers

On 20 November 1980 the British Government sent to Times

Newspapers Ltd. the sum of £22 626 and 78p awarded by the Court. They

have acknowledged receipt of this sum.

Subsequent to the judgment of the Court of 26 April 1979 the

British Government drafted a bill to amend the English law as regards

contempt of Court, whose operation in this particular case was held by

the majority of the Court to have led to a breach of Article 10

(art. 10) of the convention. This bill is at present before

Parliament. It is designed inter alia to prevent further conflict in

this respect with the provisions of the European Convention on Human

Rights as interpreted by the Court in this case.

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