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28. Whereas, in the general context of Article 15 (art. 15) of the
Convention, the natural and customary meaning of the words "other public
emergency threatening the life of the nation" is sufficiently clear;
whereas they refer to an exceptional situation of crisis or emergency
which affects the whole population and constitutes a threat to
the organised life of the community of which the State is composed;
whereas, having thus established the natural and customary meaning of
this conception, the Court must determine whether the facts and
circumstances which led the Irish Government to make their
Proclamation of 5th July 1957 come within this conception; whereas the
Court, after an examination, find this to be the case; whereas the
existence at the time of a "public emergency threatening the life of
the nation", was reasonably deduced by the Irish Government from a
combination of several factors, namely: in the first place, the
existence in the territory of the Republic of Ireland of a secret army
engaged in unconstitutional activities and using violence to attain
its purposes; secondly, the fact that this army was also operating
outside the territory of the State, thus seriously jeopardising the
relations of the Republic of Ireland with its neighbour; thirdly, the
steady and alarming increase in terrorist activities from the autumn
of 1956 and throughout the first half of 1957;

29. Whereas, despite the gravity of the situation, the Government had
succeeded, by using means available under ordinary legislation, in
keeping public institutions functioning more or less normally, but
whereas the homicidal ambush on the night 3rd to 4th July 1957 in the
territory of Northern Ireland near the border had brought to light,
just before 12th July - a date, which, for historical reasons is
particularly critical for the preservation of public peace and order -
the imminent danger to the nation caused by the continuance of unlawful
activities in Northern Ireland by the IRA and various associated
groups, operating from the territory of the Republic of Ireland;

30. Whereas, in conclusion, the Irish Government were justified in
declaring that there was a public emergency in the Republic of Ireland
threatening the life of the nation and were hence entitled, applying
the provisions of Article 15, paragraph 1 (art. 15-1), of Convention
for the purposes for which those provisions were made, to take
measures derogating from their obligations under the Convention;

(b) As to whether the measures taken in derogation from obligations
under the Convention were "strictly required by the exigencies of the
situation".

31. Whereas Article 15, paragraph 1 (art. 15-1), provides that a High
Contracting Party may derogate from its obligations under the
Convention only "to the extent strictly required by the exigencies of
the situation"; whereas it is therefore necessary, in the present
case, to examine whether the bringing into force of Part II of the
1940 Act was a measure strictly required by the emergency existing in
1957;

32. Whereas G.R. Lawless contended before the Commission that even
if the situation in 1957 was such as to justify derogation from
obligations under the Convention, the bringing into operation and the
enforcement of Part II of the Offences against the State (Amendment)
Act 1940 were disproportionate to the strict requirements of the
situation;

33. Whereas the Irish Government, before both the Commission and the
Court, contended that the measures taken under Part II of the 1940 Act
were, in the circumstances, strictly required by the exigencies of the
situation in accordance with Article 15, paragraph 1 (art. 15-1), of
the Convention;

34. Whereas while the majority of the Commission concurred with the
Irish Government's submissions on this point, some members of the
Commission drew from the facts established different legal
conclusions;

35. Whereas it was submitted that in view of the means available to
the Irish Government in 1957 for controlling the activities of the IRA
and its splinter groups the Irish Government could have taken measures
which would have rendered superfluous so grave a measure as detention
without trial; whereas, in this connection, mention was made of the
application of the ordinary criminal law, the institution of special
criminal courts of the type provided for by the Offences against the
State Act, 1939, or of military courts; whereas it would have
been possible to consider other measures such as the sealing of the
border between the Republic of Ireland and Northern Ireland;

36. Whereas, however, considering, in the judgment of the Court, that
in 1957 th application of the ordinary law had proved unable to check
the growing danger which threatened the Republic of Ireland; whereas the
ordinary criminal courts, or even the special criminal courts or military
courts, could not suffice to restore peace and order; whereas, in
particular, the amassing of the necessary evidence to convict persons
involved in activities of the IRA and its splinter groups was meeting
with great difficulties caused by the military, secret and terrorist
character of those groups and the fear they created among the
population; whereas the fact that these groups operated mainly in
Northern Ireland, their activities in the Republic of Ireland being
virtually limited to the preparation of armed raids across the border
was an additional impediment to the gathering of sufficient evidence;
whereas the sealing of the border would have had extremely serious
repercussions on the population as a whole, beyond the extent required
by the exigencies of the emergency;

Whereas it follows from the foregoing that none of the above-mentioned
means would have made it possible to deal with the situation existing in
Ireland in 1957; whereas, therefore, the administrative detention - as
instituted under the Act (Amendment) of 1940 - of individuals suspected of
intending to take part in terrorist activities, appeared, despite its
gravity, to be a measure required by the circumstances;

37. Whereas, moreover, the Offences against the State (Amendment) Act
of 1940, was subject to a number of safeguards designed to prevent
abuses in the operation of the system of administrative detention; whereas
the application of the Act was thus subject to constant supervision
by Parliament, which not only received precise details of its enforcement at
regular intervals but could also at any time, by a Resolution, annul the
Government's Proclamation which had brought the Act into force; whereas
the Offences against the State (Amendment) Act 1940, provided for the
establishment of a "Detention Commission" made up of three members, which
the Government did in fact set up, the members being an officer of the
Defence Forces and two judges; whereas any person detained under this
Act could refer his case to that Commission whose opinion, if favourable to
the release of the person concerned, was binding upon the Government;
whereas, moreover, the ordinary courts could themselves compel the
Detention Commission to carry out its functions;
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