SILVER AND OTHERS v. THE UNITED KINGDOM JUGDMENT
24
mail by the prison authorities constituted a violation of their right to respect
for correspondence, ensured by Article 8 (art. 8) of the Convention;
- that it was not necessary to pursue a further examination of the matter
in the light of Article 10 (art. 10);
- unanimously, that there had been a violation of Mr. Silver’s right of
access to the civil courts, ensured by Article 6 § 1 (art. 6-1);
- by fourteen votes to one, that the absence of effective domestic
remedies for the applicants’ claims under Article 8 (art. 8) constituted a
violation of Article 13 (art. 13).
FINAL SUBMISSIONS MADE TO THE COURT BY THE
GOVERNMENT
75. At the hearings on 22 September 1982, the Government maintained
in substance the submissions set out in their memorial of 2 October 1981,
whereby they had requested the Court:
"(1) With regard to Article 8 (art. 8)
(i) in so far as the Commission concluded that the facts found disclosed no breach
by the United Kingdom of its obligations under Article 8 (art. 8) of the Convention,
to confirm and uphold the Commission’s conclusions;
(ii) in so far as the Commission’s conclusions in respect of the issues under Article 8
(art. 8) of the Convention are contested by the United Kingdom Government, to
make findings in accordance with the submissions set out in the Government’s
memorial;
(iii) in so far as the Commission’s findings of breaches of the Convention are not
contested by the United Kingdom Government on the grounds of the changes made
by the revised Standing Orders to the practice in the United Kingdom relating to
prisoners’ correspondence:
(a) to decide and declare that the facts found disclose no breaches otherwise than
as set forth in the report of the Commission;
(b) to take express note in its judgment of the changes made by the revised
Standing Orders as remedying the breaches so found by the Commission;
(2) With regard to Article 6 (art. 6)
(i) to take express note in its judgment of the changes made to the law and practice
in the United Kingdom relating to the control of correspondence between prisoners
and their legal advisers since the judgment of the Court in the Golder case;
(a) in light of such changes to decline to examine further the claims of breaches
of Article 6 (art. 6) of the Convention;