CEDHCASELAW;RESOLUTIONS;EXECUTION;ENG17
CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 26 octobre 1988
- ECLI
- ECLI:CEDH:001-55458
- Date
- 26 octobre 1988
- Publication
- 26 octobre 1988
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
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Question juridique
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Solution
source officielleInformation given by the government concerning measures taken to prevent new violations. Payment of the sums provided for in the judgment.
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Texte intégral
.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 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 case of Boyle and Rice, delivered on 27 April 1988 and transmitted the same day to the Committee of Ministers;   Recalling that the case originated in two applications against the United Kingdom of Great Britain and Northern Ireland lodged with the European Commission of Human Rights under Article 25 (art. 25) of the convention by four British citizens, the first on 4 March 1981 by James and Sarah Boyle and the second on 15 January 1982 by Brian and John Rice, the applicants making a number of complaints relating to the imprisonment of two of them and alleging inter alia the violation of Articles 8 and 13 (art. 8, art. 13) of the convention;   Recalling that the case was brought before the Court by the Commission on 18 July 1986;   Whereas in its judgment of 27 April 1988 the Court unanimously:   - held that there had been a violation of Article 8 (art. 8) of the convention in the case of Mr James Boyle;   - held that there had been no violation of Article 13 (art. 13);   - held that the United Kingdom was to pay to Mr James Boyle, in respect of costs and expenses, the sum of £3 000, together with any value added tax that might be chargeable;   - rejected the remainder of the claims 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, having regard to its obligation 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 to Mr James Boyle 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 (88) 17   Information provided by the Government of the United Kingdom during the examination of the case of Boyle and Rice before the Committee of Ministers   The violation of Article 8 (art. 8) of the convention found in the case of Mr James Boyle concerned the stopping of a letter he had written by the governor of the prison in which he was detained.   The letter was stopped as a result of an erroneous application of the Prison Rules.   The necessary measures have been taken to ensure that the rules are correctly applied in future.   The sum of £3 000, in respect of costs and expenses, plus £450 in respect of value added tax was paid to Mr Boyle's solicitors on 23 May 1988.    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;RESOLUTIONS;EXECUTION;ENG
- Formation
- 17
- Date
- 26 octobre 1988
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-55458
Données disponibles
- Texte intégral