SILVER AND OTHERS v. THE UNITED KINGDOM JUGDMENT
40
remedy of petition to the Home Secretary was not available (see paragraphs
11 and 53 above).
VI. THE APPLICATION OF ARTICLE 50 (art. 50)
120. Article 50 (art. 50) of the Convention reads as follows:
"If the Court finds that a decision or a measure taken by a legal authority or any
other authority of a High Contracting Party is completely or partially in conflict with
the obligations arising from the present Convention, and if the internal law of the said
Party allows only partial reparation to be made for the consequences of this decision
or measure, the decision of the Court shall, if necessary, afford just satisfaction to the
injured party."
121. In the memorial filed on 22 September 1982 (see paragraph 8
above), the applicants claimed "general" damages for violation of their
rights and reimbursement of specified legal costs and expenses; a claim for
"special" damages was also put forward in the name of Mr. Silver, Mr.
McMahon and Mr. Carne.
122. The written procedure on this issue has not yet been concluded (see
paragraph 8 above). In these circumstances, the question of the application
of Article 50 (art. 50) is not ready for decision and must therefore be
reserved. The Court delegates to the President power to fix the further
procedure in this respect.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Holds that the refusal of Mr. Silver’s petition of 20 November 1972 to
the Home Secretary gave rise to a violation of Article 6 § 1 (art. 6-1) of
the Convention;
2. Holds that, with the exception of Mr. Silver’s letter no. 7, Mr. Noe’s
letters nos. 10 and 12 and Mr. Cooper’s letters nos. 28 to 31, the
stopping or delaying of all the letters written by or addressed to each
applicant which are at issue in the present case constituted a violation of
Article 8 (art. 8);
3. Holds that it is not necessary also to examine the case under Article 10
(art. 10);
4. Holds that it is also not necessary to examine under Article 13 (art. 13)
the article 6 § 1 and Article 10 (art. 6-1, art. 10) aspects of the
applicants’ complaints;