CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 26 janvier 1993

.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 Campbell case delivered on 25 March 1992 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against the United Kingdom lodged with the European Commission of Human Rights on 14 January 1986 under Article 25 (art. 25) of the Convention by Mr Thomas Campbell, a British national, who complained of interference by the prison authorities with his correspondence to and from his solicitor and the European Commission of Human Rights;        Recalling that the case was brought before the Court by the Commission on 12 October 1990 and by the Government of the United Kingdom on 22 November 1990;        Whereas in its judgment of 25 March 1992 the Court:        - held by eight votes to one that the interference with the applicant's correspondence with his solicitor gave rise to a violation of Article 8 (art. 8);        - held by eight votes to one that the interference with the applicant's correspondence with the Commission gave rise to a violation of Article 8 (art. 8);        - held unanimously that it was not necessary to examine whether or not there had been a breach of Article 25, paragraph 1 (art. 25-1);        - held unanimously that the United Kingdom was to pay to the applicant within three months, in respect of costs and expenses, the sums resulting from the calculations to be made in accordance with paragraph 73 of the judgment;        - dismissed unanimously the remainder of the claim 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 of 25 March 1992, 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 the applicant 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 (93)5     Information provided by the Government of the United Kingdom          during the examination of the Campbell case                  by the Committee of Ministers        An administrative circular No. SOA 6/92, with a view to amending the standing orders applying to the correspondence of all categories of prisoners, was sent on 5 October 1992 to all prison governors in Scotland.   Standing order amendments followed on 18 November 1992.   The circular, which came into force on 12 October 1992, describes in detail the procedure to be followed regarding control over correspondence with legal advisers as well as correspondence with the European Commission and Court of Human Rights.        Following the Court's judgment in the present case, any correspondence between a prisoner and a legal adviser, incoming as well as outgoing, shall henceforth be handed over to him or mailed without having been opened or read.   Only in exceptional cases, when there is reasonable cause to believe that the said correspondence contains an illicit enclosure which the normal means of detection have failed to disclose, or that the privilege is being abused, may a letter addressed to or coming from a legal adviser be opened in the prisoner's presence, but not read.        The prison governor may himself decide that a particular prisoner's correspondence with his legal adviser should be read. That must, however, take place only in exceptional cases, specifically listed, and must not be maintained for any longer than is defensible.        As regards correspondence between a prisoner and the Commission and Court of Human Rights, it will neither be opened nor read as long as the prison authorities are able to make sure, by seeing or feeling the envelopes, that the said correspondence does originate in Strasbourg or that the address stated by the prisoner does correspond to the Convention organs' address.        The sum awarded by way of just satisfaction for costs and expenses, £ 9 997,84, was paid on 28 April 1992.