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In the "Lawless" case,

The European Court of Human Rights, sitting, in accordance with the
provisions of Article 43 (art. 43) of the European Convention for the
Protection of Human Rights and Fundamental Freedoms (hereinafter
referred to as "the Convention") and of Rules 21 and 22 of the Rules
of Court, as a Chamber composed of:

Mr. R. CASSIN, President

and MM. G. MARIDAKIS
E. RODENBOURG
R. McGONIGAL, ex officio member
G. BALLADORE PALLIERI
E. ARNALDS
K.F. ARIK, Judges
P. MODINOS, Registrar,

delivers the following judgment on the preliminary objections and
questions of procedure raised in the Memorial of the Commision, the
Counter-Memorial of the Irish Government and the submissions at the
public hearing of the case :

Procedure:

On 13th April 1960 the Secretary of the European Commission of Human
Rights (hereinafter called "the Commission") transmitted to the
Registrar of the Court a request from the Commission, dated
12th April 1960, submitting to the Court the case brought before the
Commission under Article 25 (art. 25) of the Convention by an
Application dated 8th November 1957 and filed by Gerard Richard Lawless,
a national of the Republic of Ireland, against the Government of the
said Republic.

The request, which refers to the declaration made on
18th February 1953 by the Irish Government under Article 46 (art. 46)
of the European Convention on Human Rights and to the powers vested in
the Commission by Articles 44 and 48 (art. 44, art. 48) of that
Convention, was transmitted to the Irish Government on 14th April 1960
in accordance with Rule 32 of the Rules of Court. In conformity with
Rule 21, paragraph 2 of the Rules of Court, the Registrar furthermore
invited the said Government to inform him, within thirty days, whether
it wished to appear as a Party to the case. As prescribed in the
concluding sub-paragraph of Rule 32, paragraph 1 of the Rules of
Court, the Registrar also informed the Committee of Ministers,
on 14th April 1960, of the filing of the request.

By a telegram of 12th May 1960, confirmed by a letter of the same
date, the Irish Government informed the Registrar that it desired
to appear as a Party in the proceedings relating to the "Lawless" case
and that it had appointed as its Agent Mr. T. Woods, Irish Permanent
Representative to the Council of Europe.

Following upon this communication, Lord McNair, President of the
Court, proceeded on 18th May 1960, in London, in the presence of the
Deputy Registrar to choose by lot the names of six judges to
constitute the above-mentioned Chamber - Mr. Richard McGonigal, an
elected Judge of Irish nationality, being the ex officio member
required by Article 43 (art. 43) of the Convention. The composition
of the Chamber was notified by the Registrar to the judges and to the
Agent of the Irish Government on 23rd May 1960, and to the President
of the Commission on 24th May.

After having, at Strasbourg on 1st June 1960, ascertained the views of
the Agent of the Party and the delegates of the Commission upon the
procedure to be followed, as required by Rule 35, paragraph 1, of the
Rules of Court, the President of the Chamber, by an Order of the same
date, appointed 30th June 1960 as the final date for the filing of the
Commission's Memorial and 20th August 1960 as the final date for
the filing of the Counter-Memorial by the Irish Government. At the
request of the Party, this latter time-limit was extended to
30th August 1960, by an order of the President of the Chamber dated
16th August 1960. The Memorial and Counter-Memorial - both raising
principally preliminary objections and questions of procedure - were
filed on the appointed dates. In accordance with Rule 35, paragraph 3
of the Rules of Court, the Memorial of the Commission was transmitted
to the judges and to the Agent of the Irish Government on
30th June 1960 and the Counter-Memorial was communicated to the judges
and to the delegates of the Commission on 30th August 1960. So far as
concerns the preliminary objections, the case has thus been ready for
hearing since 30th August 1960.

Public hearings were held on 3rd and 4th October 1960, at which there
appeared:

for the Commission:

Mr. C.H.M. WALDOCK, President of the Commission,
Principal Delegate,

Mr. C.TH. EUSTATHIADES, Vice-President,
and
Mr. S. PETREN, Member of the Commission,
Assistant Delegates,

for the Irish Government, Party to the case :

Mr. T. WOODS, Permanent Representative to the Council of Europe,
Agent, assisted by

MM. A. O'KEEFFE, Attorney-General of Ireland,

S. MORRISSEY, Barrister-at-Law, Legal Adviser,
Department of External Affairs,

P. REUTER, Professor of the Faculty of Law of Paris,

A.J. HEDERMAN, Barrister-at-Law,
Counsel, and by

MM. D. O'DONOVAN, Chief State Solicitor,

P. BERRY, Assistant Secretary General, Department of Justice.
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