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Entities to which International Guarantees Apply

Delazarus v United Kingdom (decision), 16 February 1993 [ECtHR]



Case no 17525/90


3. Finally, the applicant complains that his removal from association with other prisoners constituted a breach of Article 11 (Art. 11) of the Convention. (...)
He contends that if the authorities were concerned that his association with other prisoners might have hampered the investigation of evidence for the disciplinary proceedings, then he should have been transferred to another prison where association would have been possible. His removal from association had no justification under the second paragraph of Article 11 (Art. 11). (...)
The Commission refers to the language of Article 11 (Art. 11) which suggests that the concept of freedom of association, of which the right to form and join trade unions is a special aspect, is concerned with the right to form or be affiliated with a group or organisation pursuing particular aims.  It does not concern the right of prisoners to share the company of other prisoners or to "associate" with other prisoners in this sense (No. 8317/78, McFeeley and Others v. the United Kingdom, D.R. 20 p. 44, at pp. 97-98, paras. 112-115). Consequently the Commission agrees with the Government and concludes that this complaint must be rejected under Article 27 para. 2 (Art. 27-2) as being incompatible ratione materiae with the provisions of the Convention.

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