The Committee of Ministers, under the terms of Article 32 (art. 32) of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as "the Convention"),
Having regard to the reports drawn up by the European Commission of Human Rights
in accordance with Article 31 (art. 31) of the Convention relating to the
applications lodged on 4 September 1985 by Ms Patricia Hope Hewitt and
Ms Harriet Harman against the United Kingdom (Application No. 12175/86) and on
17 April 1986 by N. against the United Kingdom (Application No. 12327/86);
Whereas on 20 June 1989 and 12 June 1989 the Commission transmitted the said
reports to the Committee of Ministers and whereas the period of three months
provided for in Article 32, paragraph 1 (art. 32-1), of the Convention elapsed
without the cases having been brought before the European Court of Human Rights
in pursuance of Article 48 of the Convention;
Whereas in their application the applicants Ms Hewitt and Ms Harman complained
of their secret surveillance by the Security Service and the consequent
gathering and storing of information about them and in his application the
applicant N. complained that he had been subjected to the obtaining, retention
and use of information about himself;
Whereas the Commission declared the applications admissible on 12 May 1988 and
11 October 1988 and in its reports adopted on 9 May 1989 expressed the opinion,
by thirteen votes to two in the case of Ms Hewitt and Ms Harman and by fourteen
votes to one in the case of N., that there had been a violation of Article 8
(art. 8) of the Convention and of Article 13 in conjunction with Article 8
(art. 13+8) of the Convention;
Agreeing with the opinions expressed by the Commission in accordance with
Article 31, paragraph 1 (art. 31-1), of the Convention;
Whereas, during the examination of the cases, the Committee of Ministers was
informed by the Government of the United Kingdom that the Security Service Act
1989 came into force on 18 December 1989. The Act places the Security Service
on a statutory basis, defines the purposes for which its activities may be
carried out and establishes a Security Service commissioner and an independant
tribunal for the investigation of complaints about the service. The Committee
was also informed that an agreement had been reached between the applicants and
the United Kingdom authorities according to which the applicants Ms Hewitt and
Ms Harman would receive the sum of £ 4 365 and the applicant N. the sum
of £ 1 925 in respect of their legal costs,
Decides, having voted in accordance with the provisions of Article 32,
paragraph 1 (art. 32-1), of the Convention, that there has been a violation of
Article 8 and of Article 13 (art. 8, art. 13) of the Convention in these cases;
Takes note of the information provided by the Government of the United
Kingdom;
Decides, therefore, that no further action is called for in these cases.
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