McCALLUM CASE



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

McCallum case delivered on 30 August 1990 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 August 1981 under

Article 25 (art. 25) of the Convention by Mr Michael Peter McCallum, a British

national, who complained of measures affecting his correspondence while in

prison and of the absence of an effective remedy concerning an alleged

violation of Articles 3 and 8 (art. 3, art. 8) of the Convention;

Recalling that the case was brought before the Court by the Government of the

United Kingdom on 8 September 1989;

Whereas in its judgment of 30 August 1990 the Court unanimously:

- held that, with the exception of the delaying of the letters of

  20 and 23 February 1982, the measures affecting the applicant's

  correspondence which were at issue in the present case constituted

  violations of Article 8 (art. 8);

- held that it was not necessary to examine the case under

  Article 10 (art. 10) or under Article 13 taken in conjunction with

  Article 3 (art. 13+3) or Article 8 (art. 13+8);

- held that the United Kingdom was to pay to the applicant, in

  respect of costs and expenses, the sum of £ 3 000

  together with any value-added tax that may be chargeable;

- 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 30 August 1990, having

regard to its obligations under Article 53 (art. 53) of the Convention to abide

by it;

Whereas, during the examination of the case by the Committee of Ministers, the

Government of the United Kingdom gave the Committee information about the

measures taken in consequence of the judgment, which information appears in the

appendix to this resolution;

Having satisfied itself that the Government of the United Kingdom has paid the

applicant the sum provided for in the judgment,

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 DH (90) 38

Information provided by the Government of the United Kingdom

during the examination of the McCallum case

before the Committee of Ministers

As can be seen from paragraph 24 of the Commission's report, the Prisons

(Scotland) Standing Orders have changed since 1 August 1983 to take account of

the judgment of the Court in the case of Silver and others.  In this respect,

reference is made to Resolution DH (85) 15 of 28 June 1985.  Changes made to

the Standing Orders together with changes made to administrative practices,

following the Silver judgment, and other developments ensure that there would

now be no legal justification for stopping any letters of the type referred to

in the Mc Callum case.

The sum awarded to the applicant by the Court in respect of costs and expenses

was paid on 10 October 1990.

 

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