A single letter had not been sent on from a prisoner to the Scottish Minister of State. A violation of article 8 was found. The interference was not ‘in accordance with the law’ nor ‘necessary in a democratic society’ for any reason permitted by article 8(2). However, the annoyance and frustration from the failure to send this one letter was not of an intensity to justify awarding damages and so the court considered that finding of violation was sufficient just satisfaction.
Citations:
[2011] ECHR 602
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
Citing:
See Also – William Faulkner v The United Kingdom ECHR 4-Jun-2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – Convention proceedings . .
Cited by:
Cited – Bruton v The Governor of HMP Swaleside and Another Admn 19-Apr-2017
The prisoner complained that his protected correspondence had been wrongfully opened by prison staff. Despite a finding in his favour by the Prisons Ombudsman, the service had repeatedly failed either to change its behaviour or to apologise.
Lists of cited by and citing cases may be incomplete.
Human Rights, Prisons
Updated: 24 March 2022; Ref: scu.582169