The Committee of Ministers,
Having regard to 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 "Golder" case, delivered on 21 February 1975 and
transmitted the same day to the Committee of Ministers;
Recalling that the case had its origin in an application against the
United Kingdom lodged with the European Commission of Human Rights
under Article 25 (art. 25) of the convention by a United Kingdom
citizen, Mr Sidney Elmer Golder;
Recalling that the case had been brought on 27 September 1973 before
the Court by the Government of the United Kingdom in pursuance of
Article 48 (art. 48) of the convention;
Whereas in its judgment, the Court held by nine votes to three that
there had been a breach of Article 6, paragraph 1 (art. 6-1) of the
convention, unanimously that there had been a breach of Article 8
(art. 8) of the convention and unanimously that the preceding findings
amounted in themselves to adequate just satisfaction under Article 50
(art. 50) of the convention;
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 it had taken in consequence of the judgment, having
regard to its obligation under Article 53 (art. 53) of the convention
to abide by the judgment;
Whereas during the examination of this case by the Committee of
Ministers the Government of the United Kingdom informed the Committee
of certain measures taken in consequence of the judgment, which
information is summarised in the appendix to this resolution,
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 (76) 35
Summary of information provided by the Government of the
United Kingdom during the examination of the "Golder" case
before the Committee of Ministers
1. In an announcement in parliament on 5 August 1975, the Home
Secretary said that in England and Wales immediate effect would be
given to the judgment by administrative action and that amendments to
the Prison Rules 1964 in force in England and Wales would be laid
before parliament. On 6 August 1975 instructions were given for the
immediate introduction of new procedures in all prison department
establishments in England and Wales. Henceforth where an inmate
applied in writing to the Governor for facilities to consult a
solicitor, to obtain advice about the institution of civil proceedings
or, having obtained such advice, to institute such proceedings, he
would be granted such facilities; provided that where the proposed
proceedings were against the Home Office (or any Minister or servant
of the Home Office) and arose out of or were connected with the
inmate's imprisonment, facilities would not be granted until the
inmate had ventilated his complaint through the normal internal
channels (e.g. by petition to the Home Secretary or by application to the
Board of Visitors or to a visiting officer of the Secretary of State).
This was to enable the prison management to provide an immediate
remedy. It would only postpone the granting of facilities; the inmate
would still have a right to those facilities after the internal
investigation had been completed.
2. Similar instructions were issued to all Scottish establishments
on 10 November 1975. No amendments to the Statutory Rules in Scotland
would be necessary. The Northern Ireland Office would issue shortly
similar instructions to etablishments in Northern Ireland. No
amendments to their Statutory Rules would be necessary.
3. The effect of these new instructions was to abolish the previous
requirement that an inmate must petition the appropriate Secretary of
State for leave to consult a solicitor about instituting civil
proceedings or to institute such proceedings, and to substitute a
simple application which would always be granted. Governors had been
given the text of a notice to inform inmates of the new arrangements.