ABSTRACT

The principal complaint of all seven applicants, Mr Reuben Silver, Mr Clifford Dixon Noe, Mrs Judith Colne, Mr James Henry Tuttle, Mr Gary Cooper, Mr Michael McMahon, and Mr Desmond Roy Carne, was that the control of their mail by the prison authorities constituted a breach of their right to respect for correspondence and of their freedom of expression, guaranteed by A 8 and 10. They also alleged that, contrary to A 13, no effective domestic remedy existed for the breaches. In addition, Mr Silver claimed that he had been denied access to the courts on account of the refusal of two petitions for permission to seek legal advice. The applicants variously complained of breach of A 6(1), 8, 10 and 13. Comm found by a series of votes (with one exception unanimous) V 8; not necessary to pursue a further examination under 10; unanimously in the case of Mr Silver’s right of access to the civil courts V 6(1), and by a majority (14-1) V 13.