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SILVER AND OTHERS v. THE UNITED KINGDOM JUGDMENT
Foreign and Commonwealth Office,
Agent,
Mr. S. BROWN,
Mr. N. BRATZA, Barristers-at-Law,
Counsel,
Mrs. S. EVANS,
Mr. C. OSBORNE,
Miss V. DEWS, Home Office,
Mr. R. PHILLIPS, Treasury Solicitor’s Office,
Advisers;
- for the Commission:
Mr. J. FAWCETT,
Mr. F. ERMACORA,
Delegates,
Mr. A. LESTER, Q.C.,
Mr. M. BELOFF, Q.C.,
Mr. B. RAYMOND,
Mr. S. GROSZ, Solicitors,
assisting the Delegates (Rule 29 § 1, second sentence, of
the Rules of Court).
The Court heard addresses by Mr. Brown for the Government and by Mr.
Fawcett, Mr. Ermacora and Mr. Lester for the Commission, and also replies
to questions put by two of its members.
8. On 22 September, the Commission filed a number of documents,
including a memorial which they had received from the applicants regarding
the application of Article 50 (art. 50) of the Convention in the event that the
Court should find a violation to have occurred.
On the same date, the President directed that the Government should
have until 22 November to reply in writing to the said memorial, a timelimit which he subsequently extended at the Government’s request to 14
January 1983. The reply was received at the registry on the last-mentioned
date.
On 25 January 1983, the President directed that the Delegates of the
Commission should have until 14 March 1983 to file any observations
which they or the applicants might wish to make on the aforesaid reply.
AS TO THE FACTS
9. The principal complaint of all seven applicants was that the control of
their mail by the prison authorities constituted a breach of their right to
respect for correspondence and of their freedom of expression, guaranteed
by Articles 8 and 10 (art. 8, art. 10) of the Convention, respectively. They
also alleged that, contrary to Article 13 (art. 13), no effective domestic
remedy existed for the aforesaid breaches. In addition, Mr. Silver claimed
that he had been denied access to the courts, in violation of Article 6 § 1