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are entitled:

(a) to consider as part of the proceedings in the case those written
observations of the Applicant on the Commission's Report contained in
paragraphs 31 to 49 of the Commission's statement of 16th December 1960,
as indicated on page 15 of the Court's judgment of 14th November 1960;

(b) to make known to the Court the Applicant's point of view on any
specific points arising in the course of the debates, as indicated on
page 15 of the Court's judgment of 14th November 1960;

(c) to consider the person nominated by the Applicant to be a person
available to give such assistance to the Delegates as they may think
fit to request in order to make known to the Court the Applicant's point
of view on any specific points arising in the course of the debates."

Mr. A. O'Keeffe, acting as Agent of the Irish Government, said he
would leave the matter to the discretion of the Court.

6. On this point of procedure the Court gave the following judgment
on 7th April 1961:

"The Court,

Having regard to the conclusions presented by the Delegates of the
European Commission of Human Rights at the hearing on 7th April 1961;

Taking note of the fact that the Agent of the Irish Government does
not intend to submit conclusions on the matter in question;

Whereas in its judgment of 14th November 1960 the Court declared that
there was no reason at this stage to authorise the Commission to
transmit to it the written observations of the Applicant on the
Commission's Report;

Whereas in the said judgment, of which the French text only is
authentic, the Court has recognised the Commission's right to take
into account ("de faire état") the Applicant's views on its own
authority, as a proper way of enlightening the Court;

Whereas this latitude enjoyed by the Commission extends to any other
views the Commission may have obtained from the Applicant in the
course of the proceedings before the Court;

Whereas, on the other hand, the Commission is entirely free to decide
by what means it wishes to establish contact with the Applicant and
give him an opportunity to make known his views to the Commission;
whereas in particular it is free to ask the Applicant to nominate a
person to be available to the Commission's delegates; whereas it does
not follow that the person in question has any locus standi in
judicio;

For these reasons,

Decides unanimously:

With regard to the conclusions under (a), that at the present stage
the written observations of the Applicant, as reproduced in
paragraphs 31 to 49 of the Commission's statement of
16th December 1960, are not to be considered as part of the
proceedings in the case;

With regard to (b) that the Commission has all latitude, in the course
of debates and in so far as it believes they may be useful to
enlighten the Court, to take into account the views of the Applicant
concerning either the Report or any other specific point which may
have arisen since the lodging of the Report;

With regard to (c), that it was for the Commission, when it considered
it desirable to do so, to invite the Applicant to place some person at
its disposal, subject to the reservations indicated above."

7. The Court then heard statements, replies and submissions on
matters of fact and of law relating to the merits of the case, for the
Commission: from Sir Humphrey Waldock, Principal Delegate; for the
Irish Government: from Mr. A. O'Keeffe, Attorney-General, acting as
Agent.

AS TO THE FACTS

I

1. The purpose of the Commission's request - to which is appended the
Report drawn up by the Commission in accordance with the provisions of
Article 31 (art. 31) of the Convention - is to submit the case of
G.R. Lawless to the Court so that it may decide whether or not the
facts of the case disclose that the Irish Government has failed in its
obligations under the Convention.

As appears from the Commission's request and from its Memorial,
G.R. Lawless alleges in his Application that, in his case, the
Convention has been violated by the authorities of the Republic of
Ireland, inasmuch as, in pursuance of an Order made by the Minister of
Justice under section 4 of Act No. 2 of 1940 amending the Offences
against the State Act, 1939, he was detained without trial, between
13th July and 11th December 1957, in a military detention camp
situated in the territory of the Republic of Ireland.

2. The facts of the case, as they appear from the Report of the
Commission, the memorials, evidence and documents laid before the
Court and the statements made by the Commission and by the Irish
Government during the oral hearings before the Court, are in substance
as follows:

3. G.R. Lawless is a builder's labourer, born in 1936. He is
ordinarily resident in Dublin (Ireland).

4. G.R. Lawless admitted before the Commission that he had become a
member of the IRA ("Irish Republican Army") in January 1956. According
to his own statements, he left the IRA in June 1956 and a splinter group
of the IRA in December 1956.

II

5. Under the Treaty establishing the Irish Free State, signed on
6th December 1921 between the United Kingdom and the Irish Free State,
six counties situated in the North of the Island of Ireland remained
under British sovereignty.

6. On several occasions since the foundation of the Irish Free State,
armed groups, calling themselves the "Irish Republican Army" (IRA),
have been formed, for the avowed purpose of carrying out acts of
violence to put an end to British sovereignty in Northern Ireland. At
times the activities of these groups have been such that effective
repression by the ordinary process of law was not possible. From time
to time, the legislature has, therefore, conferred upon the Government
special powers deal with the situation created by these unlawful
activities; and such powers have sometimes included the power of
detention without trial.

On 29th December 1937 the Constitution at present in force in the
Irish Republic was promulgated. In May 1938 all persons detained for
political offences were released.

When the political situation in Europe foreshadowed war, the IRA
resumed its activities and committed fresh acts of violence.

At the beginning of 1939 the IRA published documents described by it
as a "declaration of war on Great Britain". Following that
declaration, the IRA, operating from territory of the Republic of
Ireland, intensified its acts of violence on British territory.

7. In order to meet the situation created by the activities of the
IRA, the Parliament of the Republic of Ireland passed the Offences
against the State Act, 1939, which came into force on 14th June 1939.
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