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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 Convention for the Protection
of Human Rights and Fundamental Freedoms (hereinafter referred to as
"the Convention") and of Rules 21 and 22 of Rules of the 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:

AS TO PROCEDURE

1. The present case was referred to the Court on 13th April 1960 by
the European Commission of Human Rights (hereinafter called "the
Commission") dated 12th April 1960. Attached to the request was the
Report drawn up by the Commission in accordance with Article 31
(art. 31) of the Convention. The case relates to the Application
submitted to the Commission under Article 25 (art. 25) of the
Convention by G. R. Lawless, a national of the Republic of Ireland,
against the Government of that State.

2. Preliminary objections and questions of procedure were raised in
the present case by both the Commission and the Irish Government,
Party to the case. The Court ruled on these questions in its Judgment
of 14th November 1960.

The procedure followed up to that date is set forth in the Judgment.

3. Following that Judgment, the President of the Chamber, by an Order
of 14th November 1960, set 16th December 1960 as the latest date by
which the delegates of the Commission were to submit their Memorial and
5th February 1961 as the latest date for submission of the Irish
Government's Counter-Memorial.

Pursuant to that Order, the Commission on 16th December 1960 submitted
a "Statement with respect to the Counter-Memorial (merits of the
case)", which was communicated to the Irish Government, Party to the
case, on 19th December 1960. On 3rd February 1961, i.e. before the
expiry of the allotted period, the Irish Government submitted a
document entitled "Observations by the Government of Ireland on the
Statement of the European Commission of Human Rights filed on
16th December 1960." That document was communicated to the delegates
of the Commission on 7th February 1961, whereupon the case was ready
for examination of the merits.

Before the opening of the oral proceedings, the Principal Delegate of
the Commission notified the Court, by letter to the Registrar dated
14th March 1961, of the views of the Delegates of the Commission on some
of the questions raised by the Irish Government in their document of
3rd February 1961. The letter of 14th March 1961, a copy of which was
sent to the Irish Government, was likewise added to the file on the
case.

4. Public hearings were held at Strasbourg on 7th, 8th, 10th and
11th April 1961, at which there appeared:

for the Commission:

Sir Humphrey 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. A. O'Keeffe, Attorney-General of Ireland, acting as Agent,

assisted by:

Mr. S. Morrissey, Barrister-at-law, Legal Adviser, Department of
External Affairs,

Mr. A. J. Hederman, Barrister-at-law,
Counsel,

and by:

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

P. Berry, Assistant Secretary-General, Department of Justice.

5. Before entering upon the merits of the case, Sir Humphrey Waldock,
Principal Delegate of the Commission, brought up certain questions of
procedure made the following submission:

"May it please the Court to rule that the Delegates of the Commission
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