INTERIM resolution DH (2000) 20
HUMAN RIGHTS
APPLICATION No. 31677/96
WATSON JOHN AGAINST FRANCE
(Adopted by the Committee of Ministers on 14 February 2000
at the 695th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the report drawn up on 23 April 1999 by the European Commission of Human Rights in accordance with Article 31 of the Convention relating to the application lodged on 29 April 1996 by a British national, Mr John Watson, against France;
Whereas on 16 June 1999 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, of the Convention has elapsed without the case having been brought before the European Court of Human Rights in pursuance of Article 48 of the Convention;
Whereas in his application, declared admissible by the Commission on 1 July 1998, the applicant complained of the opening, by the prison authorities, of letters sent to him by a Deputy to the European Parliament, by the Secretariat of the Commission and by other people or authorities;
Whereas in its report the Commission expressed, unanimously, the opinion that there had been a violation of Article 8 of the Convention as regards the opening of letters sent by the Secretariat of the Commission and by a member of the European Parliament after 12 May 1997 (date of the decree setting up the list of administrative authorities with whom prisoners can correspond under confidential cover); by twenty-two votes to two, that there had been no violation of Article 8 of the Convention as regards the opening of letters sent by a member of the European Parliament before 12 May 1997; and, by twenty votes to four, that there had been no violation of Article 8 of the Convention as regards the opening of letters sent by other people or authorities;
Whereas at the 695th meeting of the Ministers’ Deputies, the Committee of Ministers, having voted in accordance with the provisions of Article 32, paragraph 1, of the Convention, and agreed with the opinion expressed by the Commission, held, by a decision adopted on 14 February 2000, that there had been a violation of Article 8 of the Convention as regards the opening of letters sent by the Secretariat of the Commission and by a member of the European Parliament after 12 May 1997, that there had been no violation of Article 8 of the Convention as regards the opening of letters sent by a member of the European Parliament before 12 May 1997, and that there had been no violation of Article 8 of the Convention as regards the opening of letters sent by other people or authorities,
Authorises the publication of the report adopted by the Commission in this case;
Decides to pursue the examination of the present case, in accordance with Article 32 of the Convention with a view to adopting the final resolution.
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