CEDH · CASELAW;RESOLUTIONS;MERITS;ENG — 7 février 1995

.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 }       The Committee of Ministers, under the terms of Article 32 (art. 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 by the European Commission of Human Rights in accordance with Article 31 (art. 31) of the Convention relating to the application lodged on 9 January 1990 by Mr W. against the United Kingdom (Application No. 16244/90);        Whereas on 14 June 1993 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, as declared admissible by the Commission on 12 October 1992 (final decision as to the admissibility), the applicant complained of the interception of two of his letters by the prison authorities and of the absence of an effective remedy;        Whereas in its report adopted on 4 May 1993, the Commission expressed unanimously the opinion that there had been a violation of Article 8 (art. 8) of the Convention in respect of the letter of 27 October 1988, by nine votes to eight that there had been no violation of Article 8 (art. 8) of the Convention in respect of the letter of 3 February 1989 and by fifteen votes to seven that there had been no violation of Article 13 (art. 13) of the Convention;        Whereas, at the 499th meeting of the Ministers' Deputies, held on 15 October 1993, the Committee of Ministers, agreeing with the opinion expressed by the Commission, held, having voted in accordance with the provisions of Article 32, paragraph 1 (art. 32-1), of the Convention, that there had been in this case a violation of Article 8 (art. 8) of the Convention as regards the letter of 27 October 1988, that there had been no violation of Article 8 (art. 8) of the Convention as regards the letter of 3 February 1989 and that there had been no violation of Article 13 (art. 13) of the Convention;        Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicant, proposals supplemented by a letter of the President of the Commission dated 15 April 1994;        Whereas, at the 514th meeting of the Deputies, held on 9 June 1994, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of the United Kingdom was to pay the applicant as just satisfaction, within three months, 1 158 pounds sterling in respect of costs and expenses;        Whereas, at the 517th meeting of the Deputies, held on 20 September 1994, the Committee of Ministers decided, in accordance with Article 32, paragraph 2 (art. 32-2), of the Convention, that the Government of the United Kingdom was to pay the applicant as just satisfaction, within three months, 100 pounds sterling in respect of non-pecuniary damage;        Whereas the Committee of Ministers invited the Government of the United Kingdom to inform it of the measures taken following its decisions of 15 October 1993, 9 June 1994 and 20 September 1994, having regard to the United Kingdom's obligation under Article 32, paragraph 4 (art. 32-4), of the Convention to abide by them;        Whereas the Committee of Ministers satisfied itself that on 26 January 1995 the Government of the United Kingdom paid the applicant the total sum of 1 258 pounds sterling as just satisfaction,        Declares, having taken note of the measures taken by the Government of the United Kingdom, that it has exercised its functions under Article 32 (art. 32) of the Convention in this case;        Authorises the publication of the report adopted by the Commission in this case.