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Hence, if each Contracting State secures to everyone within its
jurisdiction the rights and freedoms defined in Section I of the
Convention (Article 1) (art. 1) and moreover undertakes to enforce the
said rights and freedoms (Article 13) (art. 13), the individual is
bound in return, whatever his private or even his avowed beliefs, to
conduct himself loyally towards the State and cannot be regarded as
released from that obligation. This is the principle that underlies
the aforementioned reservations to and limitations of the rights set
forth in the Convention. The same spirit underlies Article 17
(art. 17) of the Convention, and the same general legal principle was
stated in the Roman maxim: nemo ex suo delicto meliorem suam
conditionem facere potest (Dig. 50.17.134 paragraph 4). (Nemo
turpitudinem suam allegans auditur).

It follows from the foregoing that the Irish Government, in demanding
of the Applicant that he give an assurance that he would conduct
himself in comformity with the Constitution and the laws of Ireland, were
merely reminding him of his duty of loyalty to constituted authority
and in no way infringed the rights and freedoms set forth in the
Convention, including the freedom of conscience guaranteed by
Article 9 (art. 9).

It is true that the Applicant was arrested on 11th July 1957 under the
1940 Act and that on 16th July 1957 he was informed that he would be
released provided he gave an undertaking in writing "to respect the
Constitution of Ireland and the laws" and not to "be a member of, or
assist, any organisation which is an unlawful organisation under the
Offences against the State Act, 1939."

Between 16th July and 10th December 1957 the Applicant refused to make
the said declaration, presumably because he was awaiting the outcome
of the petition he submitted on 8th September 1957, whereby he applied
"to have the continuation of his detention considered by a special
Commission set up under section 8 of the 1940 Act," and also of the
Application he made on 8th September 1957 to the Irish High Court,
under Article 40 of the Irish Constitution, for a Conditional Order of
habeas corpus ad subjiciendum. The High Court and, on appeal, the
Supreme Court decided against the Applicant. The Supreme Court gave
its reasoned judgment on 3rd December 1957, and the Detention
Commission resumed its hearings on 6th and 10th December 1957. The
Applicant then gave the Detention Commission a verbal undertaking not
to engage in any illegal activities under the Offences against the
State Acts, 1939 and 1940.

During the period between his arrest (11th July 1957) and
10th December 1957, the Applicant appealed to the High Court and the
Supreme Court and refused, while th matter was sub judice, to give the
assurance which the Irish Government made the condition of his
release. Having so acted, the Applicant has no ground for complaint of
having been deprived of his liberty during that period.

It is apparent from what has been stated above that the 1940 Act
amending that of 1939 cannot be criticised as conflicting with
Article 15 (art. 15) of the Convention and that the measures
prescribed by the Act are derogations in conformity with the
reservations formulated in Article 5 (1) (c) and (3) (art. 5-1-c,
art. 5-3). It follows that there is no cause to examine the merits of
the allegation that the Irish Government violated their obligations
under the latter provisions.

On the other hand, the Applicant's Application cannot be declared
inadmissible by relying on Article 17 (art. 17) of the Convention,
since that Article (art. 17) is designed to preclude any construction
of the clauses of the Convention which would pervert the rights and
freedoms guaranteed therein and make them serve tendencies or
activities repugnant to the spirit of the Convention as defined in its
Preamble. The Applicant, however improper his conduct may have been,
cannot be held to have engaged in any activity forbidden by Article 17
(art. 17) such as would warrant the rejection of his Application as
inadmissible under the terms of that text.

Signed: G. MARIDAKIS
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