Resolution CM/ResDH(2011)36[1]
Execution of the judgment of the European Court of Human Rights
William Faulkner against the United Kingdom
(Application No. 37471/97, judgment of 4 June 2002, final on 4 September 2002)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment in this case, transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the failure of the prison authorities to send the applicant’s sealed letter, addressed to the Scottish Minister of State (violation of Article 8)(see details in Appendix);
Having invited the government of the United Kingdom to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)36
Information about the measures to comply with the judgment in the case of
William Faulkner against the United Kingdom
Introductory case summary
The case concerns the lack of respect for the private life of the applicant, in particular the right to respect for his correspondence. In 1996, while detained in Magilligan Prison in County Derry, Northern Ireland, the applicant sent a sealed letter addressed to the Scottish Minister of State. This letter was subsequently returned to the applicant by the prison authorities. The Court found that the failure to post the applicant’s letter constituted interference by a public authority into the applicant’s right to correspondence (violation of Article 8).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
-
1 500 GBP less 823.22 EUR (due to finance received for legal aid from the Council of Europe)(conversion at the rate applicable on the date of delivery of the present judgment)
1 500 GBP less 823.22 EUR
Paid on 28/11/2002
b) Individual measures
The European Court found that the finding of a violation constituted in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicant.
Consequently, no other individual measures were considered necessary by the Committee of Ministers.
II.General measures
With regard to the failure of the prison authorities to send the applicant’s letter, the Court found that the interception of the applicant’s letter was not in accordance with the law in place at the material time. It should be noted that this law was amended in 2001. In addition, the judgment of this case was disseminated to the prison authorities concerned in Northern Ireland.
The judgment has been published in the European Human Rights Reports at (2002) 35 EHRR 27.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that the United Kingdom have thus complied with their obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 10 March 2011 at the 1108th Meeting of the Ministers’ Deputies
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