Statement of Facts prepared by the Registry and conclude with the
Applicants’ answers to the six questions posed by the Court.
23.
This document is in two parts. Part 1 provides the Applicants’ response to
the Government’s lengthy assertions relating to reports and legislative
history by setting out the factual context in which these issues should now
be seen. It also updates the legal context in which the applications must
be considered, in light of relevant judgments that have been promulgated
since the applications were submitted. Part 2 provides direct responses to
legal issues raised in the Government’s observations, culminating in the
Applicants’ answers to the specific questions posed by the Court.
Article 41 and Just Satisfaction
24.
For the avoidance of doubt, the Applicants confirm that they consider that
a reasoned finding of breach of the Convention will constitute sufficient
just satisfaction. They do not seek their costs.
II.
FACTS
A.
Terminology
25.
To put the applications and the Government’s observations in context, the
Applicants consider it helpful to outline and define key terminology that
they use throughout this document.
1.
“Bulk” versus “targeted”
26.
The Government does not explicitly define the terms “bulk” and “targeted”
in its Observations. Rather, it states that “it intercepts communications in
‘bulk’ – that is, at the level of communications cables – pursuant to the
lawful authority of warrants under s.8(4) RIPA” (§1.21). It therefore
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