CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 9 juin 1994

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                              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.                               *                       *                                      *                             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.