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At this hearing the Court heard the following statements, replies and
submissions: for the Commission: from Mr. C.H.M. WALDOCK, principal
delegate; for the Irish Government: Mr. A. O'KEEFFE, Attorney General.

On 3rd an 4th October 1960 the Court confined its debate to the
preliminary objections and questions of procedure.

AS TO THE FACTS

The purpose of the Commission's Request - to which is appended the
Report drawn up by the Commission in accordance with the provisions of
Article 31 (art. 31) of the Convention - is to submit the case of
G.R. Lawless to the Court so that it may decide whether or not the
facts of the case disclose that the Respondent Government has failed
in its obligations under the Convention.

As appears from the Commission's Request and from its Memorial,
Mr. Lawless alleges in his Application that there has been a violation
of the Convention in his case, by the authorities of the Republic of
Ireland, inasmuch as he was detained without trial, between
13th July and 11th December 1957, in a military detention camp
situated in the territory of the Republic of Ireland, in pursuance of
an Order made by the Minister of Justice under section 4 of the
Offences against the State (Amendment) Act, 1940. The special powers
of arrest and of detention allowed to Ministers of State by this Act
are said to have been brought into force on 8th July 1957, by a
proclamation made and published by the Irish Government on
5th July 1957.

After being declared admissible on 30th August 1958, the Request was
dealt with by the Commission according to the procedure laid down in
Articles 28 and 29 (art. 28, art. 29) of the Convention. It proved
impossible to secure a friendly settlement, and the Commission
therefore drew up the Report called for by Article 31 (art. 31)
of the Convention. This Report was adopted by the Commission on
19th December 1959, the majority holding that there had been no breach
of the Convention on the part of the Irish Government and that no
action should be taken on the Applicant's suit for damages.

After transmitting this Report to the Committee of Ministers of the
Council of Europe on 1st February 1960, in accordance with
Article 31, paragraph 2 (art. 31-2), of the Convention, the Commission
decided at its meeting of 1st April 1960, to avail itself of the
possibility offered by Articles 44 and 46 (art. 44, art. 46) of the
Convention, and refer the Lawless case to the Court for final
decision.

In support of this step, the Commission recalled in its Memorial that
an opinion stated by it under Article 31 (art. 31) of the Convention
as to whether or not the facts found disclosed a breach of the
Convention would not be conclusive. The Commission pointed out that
under Article 32, paragraph 1 (art. 32-1), of the Convention, if a
question were not referred to the Court, it rested with the Committee
of Ministers to decide, by a majority of two-thirds, whether or not
there had been a violation of the Convention.

In view of the fundamental importance of the legal problems raised in
this case - and particularly of the questions arising in relation to
Article 15 (art. 15) of the Convention - the Commission deemed it
advisable to refer the case to the Court, though without qualifying
in any way its own opinion on the subject as expressed in the Report.

At the meeting held on 1st June 1960, in accordance with Rule 35,
paragraph 1, of the Rules of Court, and in its Memorial of
27th June 1960, the Commission stated that, in conformity with Rule 76
of its Rules of Procedure, it had, on 13th April 1960 - that is, after
referring the case to the Court - transmitted the Report to the
Applicant, inviting him to submit his observations to the Commission.
In submitting the Report to the Applicant the Commission pointed out
that that document must be kept secret and that the Applicant was not
entitled to publish it.

Rule 76 of the Rules of Procedure of the Commission runs as follows:

"When a case brought before the Commission in pursuance of Article 25
(art. 25) of the Convention is subsequently referred to the Court, the
Secretary of the Commission shall immediately notify the Applicant.
Unless the Commission shall otherwise decide, the Secretary shall also
in due course communicate to him the Commission's Report, informing
him that he may, within a time-limit fixed by the President, submit to
the Commission his written observations on the said Report. The
Commission shall decide what action, if any, shall be taken in respect
of these observations."

In its Memorial, the Commission declared its readiness "to submit to
the Court the Applicant's comments upon the Report as a document
relevant in the present proceedings". However, instead of
communicating these comments on its own initiative, the Commission
thought appropriate, at this preliminary stage of the procedure, to
request the Court for leave to file the memorandum containing the
Applicant's comments as a document submitted by the Commission.

In the pleadings, the following submissions were made in regard to the
procedure alone:

by the Commission, in its Memorial:
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