[align=left]
To say whether during the whole or part of the period between the
entry into force of the Convention (14th June 1955) and the Act of
30th June 1961, the Applicant was the victim of a violation of
Article 10 (art. 10) of the Convention."

24. After the hearing of 5th October 1961 De Becker addressed a
memorandum to the Commission in which he stated that he considered
"that his Application to the Commission of Human Rights requesting the
restitution of the right of free expression of which he was deprived
under the former Article 123 ***ies of the Belgian Penal Code has been
met by the adoption in the Belgian Parliament of the Act of
30th June 1961" and that he recognised that it "gives everyone the
possibility of regaining his or her full rights of free expression
including that of political expression". For this reason De Becker,
at the end of the memorandum, said that he "now regards it as
unnecessary futher to proceed with this case and withdraws his
Application". The Commission transmitted the text of the memorandum
to the Court on 7th October 1961.

25. On 22nd January 1962 the Commission sent to the Court a
memorandum dated 15th January 1962, entitled "Reconsideration by the
Commission of its Conclusions, having regard to the Applicant's letter
of 5th October 1961". Having regard to the new situation arising out
of De Becker's memorandum of 5th October 1961, the Commission, in its
own memorandum, stated, inter alia, that neither the general interests
of European public order nor the particular interest of the individual
in the present case required it to ask the Court to pronounce on the
question whether or not De Becker was the victim of a violation of the
Convention in the period between the entry into force of the
Convention with respect to Belgium and the entry into force of the Act
of 30th June 1961. The Commission therefore emphasised that it wished to
withdraw the submission made to the Court by the delegates of the
Commission at the hearing on 5th October 1961, asking the Court to
pronounce upon that question.

The final submissions of the Commission, set forth in the
above-mentioned memorandum, read as follows:

"Accordingly, the Commission believes that the appropriate course for
it to adopt on this question is to confine itself to submitting its
point of view to the Court, which is as follows:

1. 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
Mr. De Becker to be in conformity with the Convention, would not wish
to oppose such a solution;

2. If the Court, however, were to consider that the general question
of the interpretation and application of the Convention, to which
attention has been drawn above, is of such a nature as to make it
desirable for the Court to pronounce upon the compatibility with the
Convention of the provisions of Article 123 ***ies of the Belgian
Penal Code, as modified and supplemented by the Law of 30th June 1961
and as now applicable to Mr. De Becker, the Commission would wish to
ask the Court to decide:

(a) whether the compatibility with the Convention of Article 123
***ies of the Belgian Penal Code as amended and supplemented by the
Law of 30th June 1961, should be determined with relation to
Article 10 (art. 10) or, rather, with relation to Articles 2 to 7
(art. 2, art. 3, art. 4, art. 5, art. 6, art. 7), in other words,
whether Article 10 (art. 10) is applicable in the present case;

(b) in the affirmative, whether paragraphs (e), (f) and (g) of
Article 123 ***ies, as amended, are compatible with Article 10
(art. 10) of the Convention;

and in deciding these questions, the Commission asks the Court:

(a) for the reasons stated in paragraph 263 of the Commission's
Report, to confirm its opinion that the powers of States to inflict
penal sanctions and apply preventive measures recognised in Articles 2
to 7 (art. 2, art. 3, art. 4, art. 5, art. 6, art. 7) of the
Convention do not of themselves suffice to justify the deprivation of
freedom of expression in political matters now imposed on
Mr. De Becker by Article 123 ***ies and the Law of 30th June 1961; and
that it is by reference to the provisions of Article 10 (art. 10) that
the compatibility with the Convention of this restriction on his
freedom of expression has to be appreciated;

(b) for the reasons stated in the Commission's memorandum of
21st August 1961, to confirm its opinion 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"."

26. The Belgian Government in its turn, in a memorandum deposited on
15th February 1962, said it shared the Commission's opinion that the
case could be struck off the list. In addition, the Belgian
Government pointed out that, in the unlikely event of the Court
nevertheless retaining the case for judgment, the difference of opinion
between the Commission and the Belgian Government as to the
compatibility of the new Act with Articles 2 to 7 (art. 2,
art. 3, art. 4, art. 5, art. 6, art. 7) of the Convention rather than
with Article 10 (art. 10), could only give rise to a purely academic
argument, since the Commission and the Belgian Government both agreed
that "the restrictions on freedom of expression retained by the Act of
30th June 1961 in so far as they apply to Mr. De Becker in no case go
beyond the formalities, conditions, restrictions or penalties permitted
by paragraph 2 of Article 10 (art. 10-2) of the Convention".

The Belgian Government accordingly requested the Court:

"May it please the Court,
[/align]