Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-23T01:33:49.139Z Has data issue: false hasContentIssue false

Silver and Others Case

European Court of Human Rights.  25 March 1983 ; 24 October 1983 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Interference with prisoners’ mail — Whether a breach of right to respect for correspondence — Right to an effective remedy before a national court — Internal channels of complaint — Petitions to Home Secretary and court proceedings — Whether an effective remedy — Refusal of petitions for permission to seek legal advice — Whether a violation of right of access to courts — Subsequent modifications to law and practice — Whether remedying previously existing breaches of Convention — Just satisfaction in respect of breach established

State responsibility — Damages (Measure of damages) — Grounds for awarding damages — European Convention on Human Rights, 1950-Article 50 — Just satisfaction in respect of breaches established — General non-pecuniary damages — Whether finding of breach adequate just satisfaction — Special non-pecuniary damages — Legal costs and expenses referable to proceedings before Convention institutions

Disputes — Other international courts — European Court of Human Rights — Scope of review — Subsequent modifications of State party’s law and practice — Whether remedying previously existing breaches of European Convention on Human Rights, 1950

The individual in international law — In general — Human rights and freedoms — Interference with prisoners’ correspondence — Whether a breach of right to respect for correspondence — European Convention on Human Rights, 1950 — Article 8 — Whether interferences justifiable — Whether in accordance with the law — Whether law adequately accessible and reasonably foreseeable — Ministerial directives — Whether to be taken into account — Need for safeguards against abuse of executive discretion — Legitimate aim of interferences with correspondence — Whether necessary in a democratic society

Freedom of expression — Article 10 — Whether necessary to examine issue — Right to an effective remedy before a national court — Article 13 — Whether necessary to examine issue in conjunction with Article 6(1) or Article 10 — Internal channels of complaint — Petitions to Home Secretary and court proceedings — Whether effective remedies — Scope of jurisdiction and enforceability of decisions — Refusal of petition for permission to seek legal advice — Whether a violation of right of access to courts — Article 6(1) — Subsequent modifications to law and practice — Whether remedying previously existing breaches of Convention — Whether within scope of review of Court

Article 50 — Just satisfaction in respect of breaches established — General non-pecuniary damages — Whether finding of breach provides adequate just satisfaction — Special non-pecuniary damages — Assessment in light of particular circumstances — Legal costs and expenses referable to proceedings before Convention institutions

Type
Case Report
Copyright
© Cambridge University Press 1987

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)