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 judgments of the European Court of Human
Rights in The Sunday Times case, delivered on 26 April 1979 and
6 November 1980, and transmitted the same days to the Committee of
Ministers;
Recalling that the case had its origins in an application against the
United Kingdom lodged with the European Commission of Human Rights
under Article 25 (art. 25) of the convention by the publishers (Times
Newspapers Limited), the editor (Mr Harold Evans) and a group of
journalists of the British weekly newspaper The Sunday Times and
alleging violation of Articles 10, 14 and 18 (art. 10, art. 14,
art. 18) of the convention;
Recalling that the case had been brought before the Court by the
European Commission of Human Rights;
Whereas in its judgment of 26 April 1979 the Court holds:
- by 11 votes to 9 that there has been a breach of Article 10 (art. 10)
of the convention;
- unanimously that there has been no breach of Article 14 taken together
with Article 10 (art. 14+10);
- unanimously that it is not necessary to examine the question of a
breach of Article 18 (art. 18);
- unanimously that the question of the application of Article 50
(art. 50) is not ready for decision;
Whereas in its judgment of 6 November 1980 the Court:
- holds, by 13 votes to 3, that the United Kingdom is to pay to the
applicants, in respect of costs and expenses incurred in connection
with the proceedings before the Commission and the Court, the sum of
twenty-two thousand, six hundred and twenty-six pounds sterling and
seventy-eight pence (£22 626.78);
- rejects unanimously the remainder of the claim for just satisfaction;
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 had been taken in consequence of the judgments,
having regard to its obligations under Article 53 (art. 53) of the
convention to abide by the judgments;
Whereas, during the examination of this case by the Committee of
Ministers, the Government of the United Kingdom informed the Committee
of Ministers of the measures taken in consequence of the judgments,
which information is summarised in the appendix to this resolution;
Having satisfied itself that the Government of the United Kingdom
has awarded the just satisfaction provided for in the judgment of the
Court of 6 November 1980,
Declares, after having taken note of the information supplied by
the Government of the United Kingdom, that it has exercised its
function under Article 54 (art. 54) of the convention in this case.
Appendix to Resolution DH (81) 2
Information provided by the Government of the United Kingdom
during the examination of The Sunday Times case
before the Committee of Ministers
On 20 November 1980 the British Government sent to Times
Newspapers Ltd. the sum of £22 626 and 78p awarded by the Court. They
have acknowledged receipt of this sum.
Subsequent to the judgment of the Court of 26 April 1979 the
British Government drafted a bill to amend the English law as regards
contempt of Court, whose operation in this particular case was held by
the majority of the Court to have led to a breach of Article 10
(art. 10) of the convention. This bill is at present before
Parliament. It is designed inter alia to prevent further conflict in
this respect with the provisions of the European Convention on Human
Rights as interpreted by the Court in this case.