Silver and Others Case

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