Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings
The Commission had found a violation of article 8 where the prison had opened a number of letters, probably not deliberately, but repeatedly. This amounted to an interference with the applicant’s right to respect for his correspondence within the meaning of article 8 and the court awarded 5,000 French francs by way of compensation.
Judges:
Bratza P
Citations:
[1999] ECHR 173, 34821/97
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Human Rights
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: 04 June 2022; Ref: scu.165805
