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 by Mr Noel Jenkinson,
Mr George Chesterton and Mr Michael Ahern against the United Kingdom
(Nos. 7542/76, 8116/77, 10165/82);
Whereas on 27 September 1985 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 has elapsed without the cases having been brought before
the European Court of Human Rights in pursuance of Article 48
(art. 48) of the convention;
Whereas, in their applications introduced between 26 November 1973 and
21 May 1981, the applicants complained of the censorship of their
correspondence by the British prison authorities, and alleged breaches
of Article 8 (art. 8) of the convention, Mr Jenkinson also
complaining of a denial of access to court, contrary to Article 6,
paragraph 1 (art. 6-1), of the convention, and Mr Ahern of a denial
of adequate facilities to prepare a defence to criminal charges,
contrary to Article 6, paragraph 3.b (art. 6-3-b), of the convention;
Whereas the Commission declared the applications admissible on
4 March 1985 and in its reports adopted on 13 May 1985 expressed
the opinion that there had been breaches of Article 8 (art. 8)
of the convention by unanimous votes in each case, that there had been
a breach of Article 6, paragraph 1 (art. 6-1), of the convention in
Mr Jenkinson's case, but no breach of Article 6 (art. 6) of the
convention in Mr Ahern's case;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1), of the convention;
Having examined the proposals made by the Commission in accordance
with Article 31, paragraph 3 (art. 31-3), of the convention;
Whereas during the examination of these cases the Government of the
United Kingdom informed the Committee of Ministers that it accepted
the opinions expressed by the Commission in its reports as well as the
proposals made under Article 31, paragraph 3 (art. 31-3),
of the convention;
Whereas the Commission has stated that the merits of these
applications resemble the test case of "Silver and others", and whereas
in its Resolution DH (85) 15 on the "Silver and others" case, the
Committee was informed by the Government of the United Kingdom of the
measures taken in consequence of the judgment of the Court, which
information was summarised in the appendix to the resolution;
Taking note with satisfaction that the Government of the United
Kingdom has paid to the three applicants the amounts proposed by the
Commission;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1), of the convention,
a. Decides:
i. that there has been a violation of Article 8 (art. 8) of the
convention in these cases;
ii. that there has been a violation of Article 6, paragraph 1
(art. 6-1), in the case of Mr Jenkinson;
iii. that there has not been a violation of Article 6 (art. 6) in the
case of Mr Ahern;
b. Decides that no further action is called for in these cases.