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In the "De Becker" case,

The European Court of Human Rights, constituted, 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 Rules 21 and 22 of the Rules of
Court of the European Court of Human Rights, in a Chamber composed of:

Mr. R. CASSIN, President

and of MM. A. VERDROSS
G. MARIDAKIS
A. ROSS
T. WOLD
K. F. ARIK
Baron L. FREDERICQ, ad hoc judge, Judges
Mr. P. MODINOS, Registrar

decides as follows:

PROCEDURE:

1. On 29th April 1960, the European Commission of Human Rights
(hereinafter referred to as the "Commission"), transmitted to the
Court a request dated 28th April 1960 referring to the Court the case
brought before the Commission on 1st September 1956 by an Application
(Article 25 of the Convention) (art. 25) of Mr. Raymond De Becker, a
Belgian national, against the Government of the Kingdom of Belgium.
The request, to which was attached the Report drawn up by the
Commission (Article 31 of the Convention) (art. 31), was submitted to
the Court within the period of three months laid down in
Articles 32 (1) and 47 (art. 32-1, art. 47) of the Convention.

In referring the case to the Court, the Commission adverted to the
declaration in which the Belgian Government recognised on 5th July 1955
the jurisdiction of the Court (Article 46 of the Convention) (art. 46)
and to the powers conferred upon the Commission under Article 48 (a)
(art. 48-a) of the Convention.

In accordance with Rule 32 of the Rules of Court, the Commission's
request was transmitted to the Belgian Government on 29th April 1960.
In pursuance of Rule 21, paragraph 2, of the Rules of Court, the
Registrar invited the said Government to inform him within thirty days
whether it wished to appear as a Party in this case. In accordance
with Rule 32, paragraph 1 in fine of the Rules of Court, the Registrar
informed the Committee of Ministers, also on 29th April 1960, of the
filing of the request.

2. By letter of 19th May 1960, the Belgian Government informed the
Registrar that it agreed to appear as a Party to this case and that
it had appointed as its Agent, Mr. Anthony Gomrée, Magistrat délégué
at the Ministry of Justice in Brussels.

3. Before the Chamber which was to hear the case was constituted,
Mr. Henri Rolin, the elected Judge of Belgian nationality and, under
Article 43 (art. 43) of the Convention, in this capacity an ex officio
member of the Chamber, informed the President of the Court that,
owing to certain special circumstances, he was obliged to withdraw.

The President having accepted this withdrawal and notified the Belgian
Government accordingly, the latter appointed as an ad hoc judge, in
accordance with (former) (1) Rule 23, paragraph 1 of the Rules of Court,
Baron Louis Fredericq, Honorary Rector of the University of Ghent. The
names of the other six judges required to sit in the Chamber were
chosen by lot [(former) (1) Rule 21, paragraph 3 of the Rules] by the
President of the Court in the presence of the Registrar on
20th June 1960.

_______________
(1) As adopted by the Court on 18th September 1959; this Rule was not
revised until 25th October 1961.
_______________

On 22nd June 1960 the judges, the Agent of the Belgian Government and
the President and delegates of the Commission were notified of the
composition of the Chamber.

4. After ascertaining, in accordance with Rule 35, paragraph 1, of
the Rules of Court, the views of the Agent of the Party, as well as
those of the delegates of the Commission, on the procedure to be
followed, on 6th October 1960, the President of the Chamber, by Order
dated the same day, granted the Commission for the filing of its first
Memorial a time-limit of six weeks as from the date of the Court's
decision on the preliminary objections raised in the "Lawless" case,
and to the Belgian Government for the filing of its Counter-Memorial,
a time-limit of two months as from the date of receipt of the
Commission's Memorial.
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