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Abstract

The applicant Governments of Denmark, Norway and Sweden, in their written applications of 20th September, 1967,1 and the applicant Government of the Netherlands, in its written application of 27th September, 1967, alleged that the respondent Government had, by a number of legislative and administrative measures, violated Articles 5, 6, 8, 9, 10, 11, 13 and 14 of the Convention. These allegations were further developed at the oral hearing before the Commission on 23rd and 24th January, 1968. In particular, the applicant Governments stated that:

  • a state of siege had been declared and Articles 5, 6, 8, 10, 11, 12, 14, 20, 95 and 97 of the Greek Constitution of 1st January, 1952, had been suspended by Royal Decree No. 280 of 21st April, 1967;2

  • political parties and ordinary political activities had been prohibited and parliamentary elections scheduled for 28th May, 1967, had been cancelled;

  • extraordinary courts martial had been established by Royal Decrees Nos. 280 and 2813 of 21st April, 1967;

  • housands of persons had been imprisoned for a long period without being brought before a “competent legal authority”;

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Reference

  1. In these applications, reference was also made to Resolution 346 (1967) of 32rd June, 1967, in which the Consultative Assembly of the Council of Europe expressed “its grave concern at the present situation in Greece and at the many serious reported violations of human rights and fundamental freedoms” and also expressed the wish that the Governments of the Contracting Parties to the Convention on Human Rights “refer the Greek Case either jointly or separately to the European Commission of Human Rights in accordance with Article 24 of the Convention”.

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  2. The text of the Decree and of the suspended Articles of the Constitution is reproduced in paragraphs 65–66 below.

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  3. See Part B, Chapter II (C) of this Report.

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  4. See Part B, Chapter II (E) of this Report.

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  5. This Resolution had been adopted on 26th September, 1967.

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  6. See Appendix I to this Report. [Not reproduced.]

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  7. See Appendix XVIII to this Report (Constitutional Acts submitted by the respondent Government). The Act was then cited by the applicant Governments as Act “G”.

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  8. Cf. paragraphs 40 and 41 above.

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  9. Appendix II to this Report. [Not reproduced.]

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  10. Concerning the alleged shooting of political prisoners.

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  11. Regarding the alleged exclusion of political opponents of the respondent Government from academic education by Legislative Decree No. 93 of 16th January, 1969.

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  12. See, in particular, the Commission’s Report on Application No. 176/56 (Greece v. United Kingdom), Vol. I, p. 103.

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© 1972 Martinus Nijhoff, The Hague, Netherlands

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Council of Europe Staff. (1972). Points at Issue. In: Yearbook of the European Convention on Human Rights. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-1224-4_3

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  • DOI: https://doi.org/10.1007/978-94-015-1224-4_3

  • Publisher Name: Springer, Dordrecht

  • Print ISBN: 978-94-015-1226-8

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