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 case of Boyle and Rice, delivered on 27 April 1988 and transmitted
the same day to the Committee of Ministers;
Recalling that the case originated in two applications against the
United Kingdom of Great Britain and Northern Ireland lodged with the
European Commission of Human Rights under Article 25 (art. 25) of the
convention by four British citizens, the first on 4 March 1981 by
James and Sarah Boyle and the second on 15 January 1982 by Brian and
John Rice, the applicants making a number of complaints relating to
the imprisonment of two of them and alleging inter alia the violation
of Articles 8 and 13 (art. 8, art. 13) of the convention;
Recalling that the case was brought before the Court by the Commission
on 18 July 1986;
Whereas in its judgment of 27 April 1988 the Court unanimously:
- held that there had been a violation of Article 8 (art. 8) of the
convention in the case of Mr James Boyle;
- held that there had been no violation of Article 13 (art. 13);
- held that the United Kingdom was to pay to Mr James Boyle, in
respect of costs and expenses, the sum of £3 000, together with any
value added tax that might be chargeable;
- rejected the remainder of the claims 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,
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 to Mr James Boyle 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 (88) 17
Information provided by the Government of the United Kingdom
during the examination of the case of Boyle and Rice before
the Committee of Ministers
The violation of Article 8 (art. 8) of the convention found in the
case of Mr James Boyle concerned the stopping of a letter he had
written by the governor of the prison in which he was detained. The
letter was stopped as a result of an erroneous application of the
Prison Rules. The necessary measures have been taken to ensure that
the rules are correctly applied in future.
The sum of £3 000, in respect of costs and expenses, plus £450 in
respect of value added tax was paid to Mr Boyle's solicitors on
23 May 1988.