24
MALONE v. THE UNITED KINGDOM JUGDMENT
procedure known as "metering" of telephone calls (seven votes to three,
with two abstentions);
- that there had been a breach of the applicant’s rights under Article 13
(art. 13) in that the law in England and Wales did not provide an "effective
remedy before a national authority" in respect of interceptions carried out
under a warrant (ten votes to one, with one abstention).
The full text of the Commission’s opinion and of the two separate
opinions contained in the report is reproduced as an annex to the present
judgment.
FINAL SUBMISSIONS MADE TO THE COURT BY THE
GOVERNMENT
61. At the hearings on 20 February 1984, the Government maintained
the submissions set out in their memorial, whereby they requested the Court
"(1) with regard to Article 8 (art. 8),
(i) to decide and declare that the interference with the exercise of the rights
guaranteed by Article 8 para. 1 (art. 8-1) of the Convention resulting from the
measures of interception of communications on behalf of the police in England and
Wales for the purpose of the detection and prevention of crime, and any application
of those measures to the applicant, were and are justified under paragraph 2 of
Article 8 (art. 8-2) as being in accordance with the law and necessary in a
democratic society for the prevention of crime and for the protection of the rights
and freedoms of others and that accordingly there has been no breach of Article 8
(art. 8) of the Convention;
(ii) (a) to decide and declare that it is unnecessary in the circumstances of the
present case to investigate whether the applicant’s rights under Article 8 (art. 8)
were interfered with by the so-called system of ‘metering’; alternatively (b) to
decide and declare that the facts found disclose no breach of the applicant’s rights
under Article 8 (art. 8) by reason of the said system of ‘metering’;
(2) with regard to Article 13 (art. 13),
to decide and declare that the circumstances of the present case disclose no breach
of Article 13 (art. 13) of the Convention".