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Setting aside all other fuller or contrary submissions,

to strike the case off the list;

or, failing that, to declare that no incompatibility exists between
the provisions of the Convention and Article 123 ***ies of the Belgian
Penal Code as amended and supplemented by the Act of 30th June 1961
and as applicable at the present time to Mr. De Becker."

27. At the hearing of 19th February 1962 and, in particular, as
regards the request that the case be struck off the list, the Agent of
the Belgian Government was in favour of striking the case off the list
as he found this solution to be logical and reasonable if one took
into account that, in these proceedings, the Court was concerned with
the submissions which affected the Applicant and the judgment should
not, therefore, contain any appreciation of the merits.

28. At the same hearing on 19th February 1962, the Principal Delegate
of the Commission submitted that it would be difficult to strike the
case off the list if the Court had any doubts regarding the
compatibility of a permanent loss of freedom of expression on
political matters with Article 10 (art. 10) of the Convention: in
spite, however, of the judicial recourse provided for in Section 4,
paragraph (4), the Act of 30th June 1961 did not wholly exclude the
possibility of such a permanent or perpetual loss: if, therefore, the
Court was not absolutely convinced of the lawfulness of this
particular restriction on the freedom of expression, the new Act of
30th June 1961 would still give rise to certain problems in regard to
Article 10 (art. 10) of the Convention: in that event the Court would
be justified in hesitating to strike the case off the list, in spite
of De Becker's declaration of "discontinuance" of 5th October 1961.

The Principal Delegate of the Commission added that in this connection
De Becker's memorandum of 5th October 1961 should not be the only
factor to be taken into account, although it was a factor of great
weight. In the opinion of the Commission that declaration was not
binding upon the Commission or the Court. If the Commission
nonetheless thought that the case should be struck off the list, it
did so because of its own conviction that the new legislation, as it
applied to De Becker, was not at variance with the Convention.

The Principal Delegate of the Commission went on to express the hope
that the Court, in the event of its striking the case off the list,
would avoid giving, in the reasons for its decision, the impression
that the case brought before the Court had ceased to have any purpose
for the only reason that the person who was the author of the
Application before the Commission had declared that he wished to
withdraw his Application.

29. Finally, the Principal Delegate and the Agent of the Belgian
Government both confirmed, at the hearing of 19th February 1962, their
own ultimate conclusions which are set forth in paragraphs 25 and 26
above.

AS TO THE REQUEST AS TO STRIKE THE CASE OUT OF THE LIST:

1. Whereas the case was referred to the Court by the Commission
following the Report drawn up by the Commission in pursuance of
Article 31 (art. 31) of the Convention; whereas the Commission's
request relates to the Application of De Becker, who claimed to be the
victim of a violation by the Belgian Government of his right, under
the European Convention, to freedom of expression, allegedly
disregarded by Article 123 ***ies of the Belgian Penal Code - which
was applied to him - in that it prevented him from exercising his
profession of journalist and author;

2. Whereas two events have occurred since the first exchange between
the Commission and the Belgian Government of memorials before the
Court, first, the promulgation on 30th June 1961 of the Belgian Act on
civic screening, which amended Article 123 ***ies of the Belgian Penal
Code, and secondly, the letter addressed to the Commission on
5th October 1961 in which the Applicant, finding that his Application
before the Commission has been met by the Act of 30th June 1961,
states that he regards it as "unnecessary further to proceed with this
case and withdraws his Application".

3. Whereas with regard to the Act of 30th June 1961, the Commission
found in its final Conclusions "that the limitations maintained by the
Act of 30th June 1961 as regards freedom of expression, in so far as
these apply to Mr. De Becker, do not go beyond the 'formalities,
conditions, restrictions or penalties' authorised in Article 10,
paragraph 2 (art. 10-2), of the Convention."

4. Whereas, with regard to the letter from De Becker, the statement
therein contained, coming from an individual who is not entitled under
the Convention to bring a case before the Court (Articles 44 and 48 of
the Convention) (art. 44, art. 48), cannot possess the legal character
or produce the effects of a notice of discontinuance of the present
proceedings, as provided for in Rule 47 of the Rules of Court; whereas
furthermore it is not binding on the Commission, which, as the
defender of the public interest, had a duty to take the statement into
account if it considered that it was a means of enlightening the Court
on the points at issue;

5. Whereas the Commission did make known to the Court on
7th October 1961 the statement it had just received from De Becker,
but insisted, at the hearing of 19th February 1962, that its ground
for proposing that the case be struck off the list of the Court was,
irrespective of the said statement, that, in its view, the Belgian Act
of 30th June 1961 was in conformity with the requirements of the
Convention, although the distinction between political and
non-political participation in various activities relating to
publication might give rise to certain problems of interpretation;
whereas in its final Conclusions the Commission stated that "if the
Court should consider that, in the situation which now exists in the
case, the appropriate course is to terminate the proceedings and
strike the case off the list on the basis of the Applicant's interests
having been met, the Commission, since it considers the provisions of
the Belgian Penal Code now applicable to De Becker to be in conformity
with the Convention, would not wish to opppose such a solution";

6. Whereas, lastly, the Commission, in its final Conclusions, has
withdrawn its request made at the hearing of 5th October 1961 for a
ruling as to whether the Applicant was the victim of a violation of
the Convention during the period from 14th June 1955 when the
Convention entered into force in regard to Belgium, and the entry
into force of the Act of 30th June 1961;

7. Whereas the Belgian Government, too, in its final Conclusions
adopted the opinion of the Commission and, as its principal submission,
requested the Court "to strike the case off the list";

8. Whereas, with regard to the withdrawal by the Commission of its
request relating to the period between 14th June 1955 and 30th June 1961,
the Belgian Government has approved the said withdrawal, while
maintaining that the former Article 123 ***ies of the Belgian Penal
Code was never in conflict with the provisions of the Convention;

9. Whereas, therefore, on the day the oral proceedings terminated,
the two bodies appearing submitted to the Court final Conclusions
which, though differently formulated, are concordant in that they ask
that the case be struck off the list; whereas it follows from all the
facts and submissions mentioned above that the proceedings instituted
before the Court no longer have any purpose, following the amendment of
Article 123 ***ies by an Act of the Belgian State, Party to the case,
and whereas, on general principles, it is fitting to comply with the
request to strike off the list;
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