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3) Everyone arrested or detained in accordance with the provisions of
paragraph 1 (c) of this Article (art. 5-1-c) shall be brought promptly
before a judge or other officer authorised by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to
release pending trial. Release may be conditioned by guarantees to
appear for trial.

(4) Everyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings by which the lawfulness of his
detention shall be decided speedily by a court and his release ordered
if the detention is not lawful.

(5) Everyone who has been the victim of arrest or detention in
contravention of the provisions of this Article (art. 5)
shall have an enforceable right to compensation."

9. Whereas the Commission, in its Report, expressed the opinion that
the detention of G.R. Lawless did not fall within any of the
categories of cases listed in Article 5, paragraph 1 (art. 5-1) of the
Convention and hence was not a measure deprivative of liberty which
was authorised by the said clause; whereas it is stated in that
opinion that under Article 5, paragraph 1 (art. 5-1), deprivation of
liberty is authorised in six separate categories of cases of which
only those referred to in sub-paragraphs (b) (art. 5-1-b) in fine ("in
order to secure the fulfilment of any obligation prescribed by law")
and (c) (art. 5-1-c) of the said paragraph come into consideration in
the present instance, the Irish Government having invoked each of
those sub-paragraphs before the Commission as justifying the detention
of G.R. Lawless; that, with regard to Article 5, paragraph 1 (b)
(art. 5-1-b) in fine, the detention of Lawless by order of a Minister
of State on suspicion of being engaged in activities prejudicial to
the preservation of public peace and order or to the security of the
State cannot be deemed to be a measure taken "in order to secure the
fulfilment of any obligation prescribed by law", since that clause
does not contemplate arrest or detention for the prevention of
offences against public peace and public order or against the security
of the State but for securing the execution of specific obligations
imposed by law;

That, moreover, according to the Commission, the detention of
G. R. Lawless is not covered by Article 5, paragraph 1 (c)
(art. 5-1-c), since he was not brought before the competent judicial
authority during the period under review; that paragraph 1 (c)
(art. 5-1-c) authorises the arrest or detention of a person on
suspicion of being engaged in criminal activities only when it is
effected for the purpose of bringing him before the competent judicial
authority; that the Commission has particularly pointed out in this
connexion that both the English and French versions of the said clause
make it clear that the words "effected for the purpose of bringing him
before the competent judicial authority" apply not only to the case of
a person arrested or detained on "reasonable suspicion of having
committed an offence" but also to the case of a person arrested or
detained "when it is reasonably considered necessary to prevent his
committing an offence or fleeing after having done so"; that,
furthermore, the presence of a comma in the French version after the
words "s'il a été arrêté et détenu en vue d'être conduit devant
l'autorité judiciaire compétente" means that this passage qualifies
all the categories of arrest and detention mentioned after the comma;
that in addition, paragraph 1 (c) of Article 5 (art. 5-1-c) has
to be read in conjunction with paragraph 3 of the same Article
(art. 5-3) whereby everyone arrested or detained in accordance with
the provisions of paragraph 1 (c) of the said Article (art. 5-1-c)
shall be brought promptly before a judge; that it is hereby confirmed
that Article 5, paragraph 1 (c) (art. 5-1-c), allows the arrest or
detention of a person effected solely for the purpose of bringing him
before a judge;

Whereas the Commission has expressed no opinion on whether or not the
detention of G.R. Lawless was consistent with the provisions of
Article 6 (art. 6) of the Convention;

10. Whereas the Irish Government have contended before the Court:

- that the detention from 13th July to 11th December 1957 of
G.R. Lawless - whose general conduct together with a number of
specific circumstances drew upon him, in the opinion of the Commission
itself (paragraph 138 of its Report), "the gravest suspicion that he
was concerned with the activities of the IRA" at the time of his
arrest in July 1957 - was not a violation of Article 5 or 6 (art. 5,
art. 6) of the Convention; whereas the Irish Government have contended
that the Convention does not require that a person arrested or
detained on preventive grounds shall be brought before a judicial
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