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26. Meanwhile, on 8th November 1957 - that is two days after the
announcement of the Supreme Court's rejection of his appeal -
G.R. Lawless had introduced his Application before the European
Commission of Human Rights, alleging that his arrest and detention
under the 1940 Act, without charge or trial, violated the Convention
and he claimed:

(a) immediate release from detention;

(b) payment of compensation and damages for his detention;
and

(c) payment of all the costs and expenses of, and incidental to the
proceedings instituted by him in the Irish courts and before the
Commission to secure his release.

27. Shortly afterwards the Detention Commission resumed its
consideration of the case of G.R. Lawless under section 8 of the
1940 Act and held hearings for that purpose on 6th and 10th December 1957.
On the latter date, at the invitation of the Attorney-General,
G.R. Lawless in person before the Detention Commission gave a verbal
undertaking that he would not "engage in any illegal activities under
the Offences against the State Acts, 1939 and 1940", and on the
following day an order was made by the Minister for Justice, under
section 6 of the 1940 Act, releasing the Applicant from detention.

28. The release of G.R. Lawless from detention was notified to the
European Commission of Human Rights by his solicitor in a letter dated
16th December 1957. The letter at the same time stated that G.R. Lawless
intended to continue the proceedings before the Commission with regard to
(a) the claim for compensation and damages for his detention and (b) the
claim for reimbursement of all costs and expenses in connection with
the proceedings undertaken to obtain his release.

VII

29. At the written and oral proceedings before the Court, the
European Commission of Human Rights and the Irish Government made the
following submissions:

The Commission, in its Memorial of 27th June 1960:

"May it please the Court to take into consideration the findings of
the Commission in its Report on the case of Gerard Richard Lawless and

(1) to decide:

(a) whether or not the detention of the Applicant without trial from
13th July to 11th December 1957 under section 4 of the Offences
against the State (Amendment) Act, 1940, was in conflict with the
obligations of the Respondent Government under Articles 5 and 6
(art. 5, art. 6) of the Convention;

(b) whether or not such detention was in conflict with the obligations
of the Respondent Government under Article 7 (art. 7) of the Convention;

(2) if such detention was in conflict with the obligations of the
Respondent Government under Articles 5 and 6 (art. 5, art. 6) of the
Convention, to decide:

(a) whether or not the Government's letter to the Secretary-General of
20th July 1957 was a sufficient communication for the purposes of
Article 15, paragraph (3) (art. 15-3) of the Convention;

(b) whether or not, from 13th July to 11th December 1957, there
existed a public emergency threatening the life of the nation, whithin
the meaning of Article 15, paragraph (1) (art. 15-1) of the Convention;

(c) if such an emergency did exist during that period, whether or not
the measure of detaining persons without trial under section 4 of the
1940 Act, as it was applied by the Government, was a measure strictly
required by the exigencies of the situation;

(3) to decide whether or not the Applicant is, in any event, precluded
by Article 17 (art. 17) of the Convention from invoking the provisions
of Articles 5, 6 and 7 (art. 5, art. 6, art. 7);

(4) in the light of its decisions on the questions in
paragraphs 1-3 of these submissions, to adjudge and declare:

(a) whether or not the facts disclose any breach by the Respondent
Government of its obligations under the Convention;

(b) if so, what compensation, if any, is due to the Applicant in
respect of the breach."

30. The Agent of the Irish Government, at the public hearing on
10th April 1961:

"May it please the Court to decide and declare that the answers to the
questions contained in paragraph 58 of the Commission's Memorial of
27th June 1960 are as follows:

1. (a) That the detention of the Applicant was not in conflict with
the obligations of the Government under Articles 5 and 6 (art. 5,
art. 6) of the Convention.

(b) That such detention was not in conflict with the obligations of
the Government under Article 7 (art. 7) of the Convention.

2. (a) That the Government's letter of 20th July 1957 was a sufficient
communication for the purposes of paragraph (3) of Article 15
(art. 15-3) of the Convention or, alternatively, that in the present
case, the Government are not by any of the provisions of the said
paragraph (3) (art. 15-3) deprived from relying on paragraph (1)
of Article 15 (art. 15-1).

(b) That from 13th July 1957 to 11th December 1957 there did exist a
public emergency threatening the life of the nation, whithin the
meaning of Article 15, paragraph (1) (art. 15-1), of the Convention.

(c) That the measure of detaining persons without trial, as it was
applied by the Government, was a measure strictly required by the
exigencies of the situation.

3. That the Applicant is in any event precluded by Article 17
(art. 17) of the Convention from invoking the provisions of
Articles 5, 6 and 7 (art. 5, art. 6, art. 7) of the Convention.

4. (a) That the facts do not disclose any breach by the Government of
their obligations under the Convention.

(b) That, by reason of the foregoing, no question of compensation
arises."

THE LAW

1. Whereas it has been established that G.R. Lawless was arrested by
the Irish authorities on 11th July 1957 under sections 21 and 30 of the
Offences against the State Act (1939) No. 13; that on 13th July 1957,
before the expiry for the order for arrest made under Act No. 13 of
1939, G.R. Lawless was handed a copy of a detention order made on
12th July 1957 by the Minister of Justice under section 4 of the
Offences against the State (Amendment) Act 1940; and that he was
subsequently detained, first in the military prison in the Curragh and
then in the Curragh Internment Camp, until his release on
11th December 1957 without having been brought before a judge during
that period;

2. Whereas the Court is not called upon to decide on the arrest
of G.R. Lawless on 11th July 1957, but only, in the light of the
submissions put forward both by the Commission and by the Irish
Government, whether or not the detention of G.R. Lawless from
13th July to 11th December 1957 under section 4 of the Offences
against the State (Amendment) Act, 1940, complied with the
stipulations of the Convention;

3. Whereas, in this connection the Irish Government has put in
against the Application of G.R. Lawless a plea in bar as to the merits
derived from Article 17 (art. 17) of the Convention; whereas this plea
in bar should be examined first;

As to the plea in bar derived from Article 17 (art. 17) of
the Convention.
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