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The decision in the "Lawless" case having been rendered on
14th November 1960, the Memorial of the Commission was filed on
22nd December 1960. After receiving on 3rd January 1961 the
Commission's Memorial, the Agent of the Belgian Government presented
on 3rd March 1961 his Government's Counter-Memorial.

5. A first public hearing was held on 3rd July 1961. The proceedings
having been postponed until a new hearing, the Commission and the
Belgian Government filed further written documents:

- The Commission, on 23rd August 1961, filed a document dated
21st August 1961, containing new conclusions,

- The Belgian Government, on 20th September 1961, also filed new
conclusions.

A second public hearing was held on 5th October 1961; at that hearing
the Court closed the hearings while reserving the right to re-open
them at a later date, if necessary.

On 7th October 1961, the Court was informed by the Secretary of the
Commission that R. De Becker, the Applicant before the Commission, had
on 5th October 1961 sent a memorandum to the delegates of the
Commission according to which "he now regards it as unnecessary further
to proceed with the case and withdraws his application".

In accordance with the invitation addressed to it during the hearing
of 5th October, the Belgian Government submitted to the Court on
16th October 1961 a communication supplemented by an additional
memorandum by that Government dated 18th December 1961 (deposited with
the Registrar of the Court on 20th December 1961). The Commission,
for its part, submitted on 22nd January 1962 new written conclusions
dated 15th January 1962. The President of the Chamber accordingly
decided, by Order of 24th January 1962, to re-open the hearings. The
Belgian Government filed further conclusions on 15th February 1962, in
reply to the conclusions of the Commission of 25th January 1962.

A third public hearing took place on 19th February 1962, when the
proceedings were declared closed.

At the hearings held in this case, the following have appeared:

For the Commission:

Mr. C.Th. Eustathiades, Principal Delegate

Mr. L.J.C. Beaufort (hearings of 3rd July 1961 and
19th February 1962 only)

Mr. F. Castberg (hearing of 5th October 1961 only)

Mrs. G. Janssen-Pevtschin, Deputy Delegates.

For the Government of the Kingdom of Belgium, Party:

Mr. A. Gomrée, Agent (hearings of 3rd July 1961 and
5th October 1961 only)

Mr. J. Van Ryn, Counsel (acting as Agent at hearing of
19th February 1962)

Mr. Dassesse, Counsel (hearings of 3rd July 1961 and
5th October 1961 only)

At the public hearings, the Court heard the addresses, replies and
conclusions of:

For the Commission:

Mr. C.Th. Eustathiades, Principal Delegate.

For the Belgian Government:

Mr. J. Van Ryn, Counsel.

THE FACTS:

I

1. Mr. Raymond De Becker, journalist and writer of Belgian
nationality, presently living in Paris, was condemned to death by the
Brussels Conseil de Guerre on 24th July 1946 on the ground that
between 13th June 1940 and 5th October 1943 he had collaborated with
the German authorities in Belgium in various ways and capacities,
principally in the exercise of his functions as general editor of the
Belgian daily newspaper Le Soir (Articles 66, 113, 117 and 118 bis
of the Belgian Penal Code).

De Becker was, in particular, found guilty of having "participated in
the enemy's transformation of legal institutions or organisations, of
having undermined the loyalty of Belgian citizens to the King and the
State in time of war" and of having "furthered the enemy's policy and
designs"; of having "deliberately directed, practised, incited,
promoted and encouraged propaganda against resistance to the enemy and
the enemy's allies ..."; of having by his writings "directly incited
Belgian nationals to commit the crime of taking up arms against their
country" or its allies "by knowingly performing on behalf of the enemy
such tasks as fighting, transport, mounting guard and other tasks
normally carried out by the enemy forces and their auxiliary services,
... with the effect intended" and of having "directly as well as through
intermediaries or acting himself as an intermediary, supplied the
enemies of the State with troops and manpower".

The judgment of the Conseil de Guerre carried with it, inter alia,
forfeiture by De Becker of the rights set out in Article 123 ***ies of
the Belgian Penal Code.

2. The Brussels Military Court, to which De Becker appealed, while
confirming the facts and the Applicant's criminal intent, admitted the
existence of extenuating circumstances, namely the Applicant's
opposition to the "annexionist and separatist" intentions of the
occupant, which had led to his arrest in 1943 and his deportation to
Germany for a period of two years. In its judgment of 14th June 1947
the Court commuted the death penalty to one of life imprisonment.
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