RESOLUTION DH (78) 3
The Committee of Ministers,
Having regard to Article 32 (art. 32) of the European Convention for
the Protection of Human Rights and Fundamental Freedoms
(hereinafter referred to as the "convention");
Having regard to the report drawn up by the European Commission of
Human Rights in accordance with Article 31 (art. 31) of the convention
relating to the application lodged by Mr Lazlo Kiss against the United
Kingdom (Application No. 6224/73);
Whereas on 5 December 1977 the Commission transmitted the
said report 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 case having been
brought before the European Court of Human Rights in pursuance of
Article 48 (art. 48) of the convention;
Whereas in his application introduced on 23 April 1973 the applicant
alleges that the refusal by the Home Secretary to allow him to take
legal proceedings against a prison officer was contrary to his right
of access to the courts in the determination of his civil rights,
ensured by Article 6, paragraph 1 (art. 6-1) of the convention as
interpreted by the European Court of Human Rights in its judgment of
21 February 1975 in the Golder case, and that furthermore, the
disciplinary proceedings against him contravened his right to a fair
hearing in the determination of a criminal charge, as is also ensured
by Article 6, paragraph 1 (art. 6-1) of the convention;
Whereas the Commission in its decision of 16 December 1976 on the
admissibility found the part of the application concerning the refusal
of permission to institute civil proceedings raised issues under
Article 6, paragraph 1 (art. 6-1) of the convention, but declared
inadmissible the remainder of the application;
Whereas the Commission in its report adopted on 8 October 1977
concluded that, as in the Golder case, the refusal by the Home
Secretary of the applicant's petitions of 16 May 1973 and
23 January 1974 to take legal proceedings against a prison officer
actually impeded the launching of the contemplated action and that, in
his refusals of authorisation to institute proceedings, the Home
Secretary had failed to respect Mr Kiss's right to go before a civil
court as guaranteed by Article 6, paragraph 1 (art. 6-1) of the
convention;
Whereas in its report the Commission expressed the opinion
that the facts of the present case disclose a breach of
Article 6, paragraph 1 (art. 6-1) of the convention;
Agreeing with the opinion expressed by the Commission in accordance
with Article 31, paragraph 1 (art. 31-1) of the convention;
Whereas during the examination of this case, the Committee of
Ministers was informed by the Government of the United Kingdom that,
whilst accepting that in this case there was a violation of Article 6,
paragraph 1 (art. 6-1) of the convention as that article was
interpreted by the European Court of Human Rights in the Golder case,
the facts complained of by Mr Kiss in his application had occurred
prior to the judgment of the Court of 21 February 1975 in the Golder
case, and that the Committee, when considering the execution of this
judgment, had been informed of certain measures taken in consequence
of the said judgment, which information was summarised in the appendix
to Resolution (76) 35 adopted by the Committee of Ministers on
22 June 1976 in application of Article 54 (art. 54) of the convention;
and that therefore the facts giving rise to Mr Kiss's application
could not arise at the present time and could not have arisen at any
time after August 1975 when the said measures were introduced and that
therefore this case did not give rise to any need to take further
measures;
Voting in accordance with the provisions of Article 32, paragraph 1
(art. 32-1) of the convention,
a. Decides that in this case there has been a violation of
Article 6, paragraph 1 (art. 6-1) of the convention;
b. Decides, having regard to the information supplied by the
Government of the United Kingdom, that no further action is called for
in this case.
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RESOLUTION DH (94) 35
The Committee of Ministers,
Whereas the Committee decided to terminate its examination
of the Hilton case by Resolution DH (79) 3 and the Kiss case by
Resolution DH (78) 3;
Having regard to the request formulated by the Government
of the United Kingdom on 18 April 1994 to have the reports
adopted by the European Commission of Human Rights on
8 October 1977 in the case of Kiss against the United Kingdom
(Application No. 6224/73) and on 6 March 1978 in the case of
Hilton against the United Kingdom (Application No. 5613/72) made
public,
Decides to make public the above-mentioned reports of the
Commission.
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