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 the Observer and the Guardian against the
United Kingdom delivered on 26 November 1991 and transmitted the
same day to the Committee of Ministers;
Recalling that the case originated in an application against
the United Kingdom lodged with the European Commission of Human
Rights on 27 January 1988 under Article 25 (art. 25) of the
Convention by two companies incorporated in England, The Observer
Ltd and Guardian Newspapers Ltd, and five British citizens,
Mr Donald Trelford, Mr David Leigh, Mr Paul Lashmar,
Mr Peter Preston and Mr Richard Norton-Taylor who complained that
interlocutory injunctions, in force from July 1986 to
October 1988, restrained them from publishing details of
unauthorised memoirs alleging unlawful conduct by the security
service and information obtained from their author, a former
employee of the service;
Recalling that the case was brought before the Court by the
Commission on 12 October 1990 and by the Government of the United
Kingdom on 23 November 1990;
Whereas in its judgment of 26 November 1991 the Court:
- held by fourteen votes to ten that there had been no
violation of Article 10 (art. 10) of the Convention
during the period from 11 July 1986 to 30 July 1987;
- held unanimously that there had been a violation of
Article 10 (art. 10) during the period from
30 July 1987 to 13 October 1988;
- held unanimously that there had been no violation of
Article 13 or of Article 14 taken in conjunction with
Article 10 (art. 13+10, art. 14+10);
- held unanimously that the United Kingdom was to pay,
within three months, to the applicants jointly the sum
of 100 000 pounds sterling, together with any
value-added tax that may be chargeable, for costs and
expenses;
- dismissed unanimously the remainder of the claim 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 of 26 November 1991, having regard to its obligation
under Article 53 (art. 53) of the Convention to abide by it;
Having satisfied itself that the Government of the United
Kingdom has paid the applicants on 18 December 1991 the sum
provided for in the judgment of 26 November 1991,
Declares that it has exercised its functions under
Article 54 (art. 54) of the Convention in this case.
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