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 Sunday Times against the United Kingdom
(No. 2) 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 31 July 1987 under Article 25 (art. 25) of the
Convention by Times Newspapers Ltd., a company incorporated in
England and Mr Andrew Neil, a British national, who complained
that interlocutory injunctions restrained them between July 1987
and October 1988 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
unanimously:
- held that there had been a violation of Article 10
(art. 10) of the Convention;
- held 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 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 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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