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"May it please the Court:

(1) to give leave for the Commission to submit to the Court the
Applicant's comments on the Commission's Report as one of the
Commission's documents in the case; and

(2) in general, to give directions as to the right of the Commission
to communicate to the Court the comments of the Applicant in regard to
matters arising in the present proceedings".

by the Irish Government, in their Counter-Memorial:

"May it please the Court:

(1) to decline jurisdiction in the present case unless the Commission
satisfies the Court that between 19th December 1959 and
1st February 1960, the question of reference of the case to the Court
was not discussed in any way by the Commission;

(2) to refuse to entertain the case while the delay on the part of the
Commission in transmitting its Report to the Committee of Ministers
and to the Government has not been satisfactorily explained;

(3) to declare that any publication by the Commission of its Report
other than that expressly authorised by the Convention, is a breach of
the obligations imposed on the Commission by the Convention;

(4) to rule that the comments of the Applicant on the Report of the
Commission and the further comments of the Applicant on matters
arising in the present proceedings be not received by the Court:

(a) because no argument in favour of their admission has been
submitted by the Commission, and

(b) because the admission of such comments would be an oblique method
of amending the Convention, and

(c) because such comments have come into existence only through a
breach by the Commission of its obligations of secrecy, and

(d) because in the circumstances of the present proceedings such
comments are not material;

(5) to declare that a correct interpretation of the Convention does
not permit of action of the nature contemplated by Rule 76 of the
Rules of the Commission".

At the hearing of 3rd October 1960, the Commission made the following
submissions:

"A. As to the objection to the Court's jurisdiction:

May it please the Court to reject the preliminary objections to the
Court's jurisdiction formulated in paragraph 4 of the Respondent
Government's Counter-Memorial.

B. As to the objection concerning the publication of the Report:

May it please the Court to decide that the provisions of Rule 76 of
the Commission's Rules of Procedure and the Commission's communication
of its Report on the present case to the Applicant fall within the
competence conferred upon the Commission by the Convention, and to
reject the preliminary objection formulated in paragraph 5 of the
Respondent Government's Counter-Memorial.

C. As to the objection in regard to the role of the Applicant in the
proceedings before the Court:

May it please the Court:

(a) to give leave to the Commission to transmit to the Court the
written comments of the Applicant upon the Commission's Report;

(b) to give such directions as the Court may consider appropriate as
to the right of the Commission to communicate to the Court the
comments of the Applicant in regard to matters arising in the present
proceedings;

(c) to reject the submissions formulated in paragraph 6 of the
Respondent Government's Counter-Memorial."

At the hearing of 3rd October 1960, the Agent of the Irish Government,
in view of the explanations furnished by the Delegate of the
Commission during his oral pleading, withdrew the preliminary objections
appearing as Nos. 1 and 2 in his Government's Counter-Memorial.

The following submissions, relating to the preliminary objections and
questions of procedure raised during the present proceedings, were
presented by the Agent of the Irish Government at the hearing of
4th October 1960:

"May it please the Court:

(1) to declare that any publication by the Commission of its Report,
other than that expressly authorised by the Convention, is a breach of
the obligations imposed on the Commission by the Convention;

(2) to rule that the comments of the Applicant on the Report of the
Commission be not received by the Court;

(3) to rule that no further comments of the Applicant on matters
arising in the present proceedings may be received by the Court;

(4) to declare that a correct interpretation of the Convention does
not permit of action of the nature contemplated by Rule 76 of the
Rules of the Commission."

AS TO THE LAW

Whereas the Irish Government, in reply to the questions of procedure
raised in the Commission's Memorial, complied with Rule 46 of the
Rules of Procedure of the Court in raising their preliminary and
procedural objections in the Counter-Memorial which constitutes the
first written document in their case; and whereas at the hearing of
3rd October 1960 the Court took formal note of the Irish Government's
withdrawal of their preliminary objections set out in paragraphs 1 and
2 of the final submissions of their Counter-Memorial; whereas
furthermore, in their submissions at the hearing of 4th October the
Irish Government did not press the objections raised in paragraph 7 of
the Counter-Memorial, concerning the interrogative form of the
Commission's findings on the substance of the case; whereas accordingly
there is no need for the Court to consider these matters;

Whereas, in the light of the final submissions of the Commission and
of the Irish Government at the hearings of 3rd and 4th October 1960,
the Court is called upon to decide the following three points only:

(i) Is Rule 76 of the Rules of Procedure of the Commission in general
contrary to the terms of the Convention?

(ii) Could the Commission, after bringing the case before the Court,
communicate its Report to G.R. Lawless, the Applicant, in the manner
described by the Commissions's Delegate, without infringing the terms
of the Convention?

(iii) Should the Court, either at the instance of the Commission
acting on its own authority, or through the Commission after
authorisation by the Court, receive the written observations of
G.R. Lawless, the Applicant, on the Commission's Report or on points
arising during the proceedings?

(i) As regards the alleged incompatibility "in genere" of Rule 76 of
the Rules of Procedure of the Commission with the Convention

Whereas among the preliminary points raised by the Irish Government
with regard to the proceedings before the Court, that set out in
paragraph 4 of their conclusions calls for a general decision by the Court
on the compatibility of Rule 76 of the Commission with the terms of
the Convention;

Whereas in Article 19 (art. 19), the Convention sets up both the
Commission and the Court "to ensure the observance of the engagements
undertaken by the High Contracting Parties in the Convention" and
assigns to each of these bodies specific functions in the safeguarding
of human rights; whereas those of the Commission differ according to
the stage reached in the proceedings; whereas, in the initial stage
- governed mainly by Section III of the Convention - the Commission's
chief function is to carry out an independant inquiry, to seek a
friendly settlement and, if need be, to bring the case before the
Court: whereas, once this has been done, the Commission's main
function is to assist the Court, and it is associated with the
proceedings; whereas, however, even at this stage its action is
determined not by a decision of the Court, but directly by the terms
of the Convention;
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