Abstract
Article 15 of the Convention provides:
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“(1)
In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law.
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(2)
Noderogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.
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(3)
Any High Contracting Party availing itself of this right of deroga-tion shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.”
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Reference
See B and C below.
Under F.
Chapters II and III.
Observations of 16th December, 1967.
Preliminary observations of 15th May, 1968 — Doc. D 10.017 (English translation by the Council of Europe) — p. 17 (No. 5).
Memorial of 6th July, 1968.
Hearing of September 1968, pp. 270 and 279.
Ibid. p. 270.
The Political Situation in Greece, p. 20 (cf. Appendix IV to this Report).
Hearing of January, 1968, pp. 6 and 7.
Hearing of September, 1968, p. 155; hearing of June, 1969, p. 114.
Memorial of 25th March, 1968, pp. 77–79; hearing of September, 1968, pp. 153 and 266.
Memorial of 6th July, 1968, p. 48.
Hearing of September 1968, p. 151.
Memorial of 25th March, 1968, p. 44; hearing of September 1968, pp. 141–143; hearing of June 1969, pp. 101–105, 108.
Paragraphs 60 and 61 were adopted by a majority of ten members.
Cf. paragraphs 52(d) above.
Doc. 18.312 (English translation by the Council of Europe). [The full text of this letter has been reproduced in Vol. X, p. 26 of this Yearbook.]
Doc. 18.804 (English translation by the Council of Europe). [This Decree has been reproduced in Vol. X, pp. 28–36.]
As reproduced in Annex A of the Netherlands’ application of 27th September 1967. The French text received from the Greek Permanent Representative is reproduced at Appendix I to the present Report. [Not reproduced.]
Doc. D 20.330 (English translation by the Council of Europe). [The full text of this letter has been reproduced in Vol. X, p. 38 of this Yearbook.]
See paragraph 63 above.
This will be considered under D below.
See the Secretary General’s memorandum of 26th October, 1967 — Doc. CM (67) 168.
Doc. D 21.586.
A further letter from the respondent Government (No. 1230 of 12th July, 1968) was not considered by the Secretary General to constitute in substance a com munication under this Article.
[Not reproduced.]
It is not clear whether this statement in the Government’s observations of 15th May, 1968, is meant to refer to certain documents deposited during the period from 20th September, 1967 to 24th January, 1968 — cf. above, paragraph 69.
Preliminary observations of 15th May, 1969, on the admissibility of the new allegations, p. 16; memorial of 6th July, 1968, pp. 89–90; hearing of September 1968, pp. 250–251.
Memorial of 6th July, 1968, pp. 90–91 ; hearing of September 1968, pp. 251–252.
Applications of 20th September, 1967, part IV; application of 27th September part III; memorial of 25th March, 1968, pp. 10–11 and 70–71 ; hearing of May, pp. 98–99; hearing of September, 1968, pp. 139–141; hearing of June, 1969, pp. 97–100.
Memorial of 25th March, 1968, pp. 11, 70; hearing of May, 1968, p. 99; hearing of September, 1968, p. 139.
Applications of 20th September, 1967, part IV; memorial of 25th March, 1968, p. 70; hearing of May, 1968, pp. 98–99; hearing of September, 1968, pp. 139–140; hearing of June, 1969, pp. 98–99.
Hearing of May, 1968, pp. 98–99; hearing of June, 1969, p. 97.
Applications of 20th September, 1967, part IV; hearing of January, 1968, p. 37; memorial of 25th March, 1968, pp. 67–68; hearing of September, 1968, pp. 133–134.
Applications of 20th September, 1967, part IV; hearing of January, 1968, p. 37; memorial of 25th March, 1968, pp. 68–70; hearing of September, 1968, pp. 134–140.
Hearing of January 1968, p. 37; hearing of September 1968, pp. 133–140.
“Lawless” Case (Merits), Judgment of 1st July, 1961, The Law, paragraph 45 (p. 61).
Ibid., paragraph 47 (p. 62). In the (authentic) French text: “avait suffisement informé le Secrétaire Général des mesures prises et des motifs qui les ont inspirées”.
Ibid.
These will be discussed in Chapters II and III below.
Cf. paragraph 70 above.
By letter of 12th March, 1969, the respondent Government was invited “to submit as soon as possible the complete text of the emergency legislation at present in force in Greece, insofar as it affects the rights guaranteed by Articles 5, 6, 8, 9, 10, 11, 13 and 14 of the Convention and Articles 1 and 3 of the Protocol”. By letter of 1st May the Government was informed that the Sub-Commission had fixed 17th May, 1969, as time-limit for the submission of these documents. This time-limit was later extended to 31st May, 1969 (letter of 21st May).
Paragraph 81 was adopted by a majority of ten members.
See paragraphs 63–70 above and Appendix IV to this Report.
Memorial of 6th July, 1968, pp. 49–52 and Annex 27; hearing of September 1968, pp. 185, 216; The Undermining of the Greek Nation, pp. 9–11; The Political Situation in Greece, pp. 4–9.
Memorial of 6th July, 1968, pp. 49–52; hearing of September 1968, pp. 185 and 217.
Memorial of 6th July, pp. 49, 51–52, and Annexes 19 and 22 to this memorial; hearing of September 1968, p. 217.
Letter of 19th September, 1967; memorial of 6th July, 1968, pp. 53–54, 66; hearing of September 1968, p. 217; The Undermining of the Greek Nation, pp. 14 et sqq. The Political Situation in Greece, p. 10.
Memorial of 6th July, 1968, p. 53.
Letter of 19th September, 1967; memorial of 6th July, 1968, pp. 49, 53, 57, 67 ; hearing of September 1968, p. 228.
Memorial of 6th July, 1968, p. 53; hearing of September 1968, p. 218; The Political Situation in Greece, p. 12.
Memorial of 6th July, 1968, p. 67; hearing of September 1968, p. 228.
Memorial of 6th July, 1968, pp. 54, 64.
Hearing of September 1968, p. 217.
Memorial of 6th July, 1968, p. 53.
The Undermining of the Greek Nation, pp. 30–33.
Memorial of 6th July, 1968, p. 53.
Ibid. pp. 56, 61; The Political Situation in Greece, p. 5.
Hearing of September 1968, pp. 227, 287.
Memorial of 6th July, 1968, p. 53; hearing of September 1968, p. 287.
Memorial of 6th July, 1968, pp. 12–13. See also Chapter II(B) below.
Ibid. pp. 61–63.
Ibid. p. 66; hearing of September 1968, p. 227.
Memorial of 6th July, 1968, pp. 57–58, 68, 70.
Ibid. pp. 56, 68.
Ibid. p. 54.
Loc. cit. pp. 70–71 and Annexes 117,118; hearing of September 1968, pp. 232–233.
Hearing of September, 1968, p. 231.
Letter of 19th September, 1967; memorial of 6th July, 1968, p. 69; hearing of September 1968, pp. 231–232.
Letter of 19th September, 1967; memorial of 6th July, 1968, p. 68; hearing of September 1968, p. 229.
Letter of 19th September, 1967; memorial of 6th July, 1968, p. 70; hearing of September 1968, p. 232.
Hearing of September 1968, pp. 155–156; hearing of June 1969, pp. 109 et sqq.
Hearing of June 1969, pp. 109–111.
Ibid. pp. 109 et sqq.
Hearing of September 1968, p. 156.
Ibi. and hearing of June 1969, p. 115.
Hearing of September 1969, p. 156.
Ibid. and hearing of June 1969, pp. 114, 119.
Hearing of September 1968, p. 154; hearing of June 1969, p. 114.
Hearing of June, 1969, p. 114.
Loc. cit. p. 119.
Hearing of June 1969, p. 123.
Loc. cit. pp. 123–124. The applicant Governments quoted the statement of a witness that the percentage of votes cast for EDA fell from 24.4% in 1958 to 11.8% in 1964.
Loc. cit. pp. 123 et sqq.
[Not reproduced.]
See the Secretary’s letters of 30th September and 8th November, 1968, to the Agent of the respondent Government; cf. also hearing of November 1968, p. 544.
Hearing of March 1969, Vol. I, pp. 15–17, 19, 23–24, 26.
Loc. cit. pp. 50 et sqq.
Loc. cit. pp. 37, 39, 41–42.
Loc. cit. pp. 73–75, 89–92.
Loc. cit. pp. 62–65, 68–70.
Hearing of November, 1968, Vol. II, pp. 308–309, 313, 315–319, 322–324, 330–340.
Hearing of March, 1969, Vo. II, p. 701.
Hearing of November, 1968, Vol. II, pp. 482–486, 490, 492, 494–497, 499–503, 509.
Hearing of March, 1969, Vol. I, pp. 117–119.
Loc. cit., Vol. II, pp. 656–657, 663–664.
Hearing of November, 1968, Vol. II, pp. 431–434, 437–439, 445–446, 459–462, 467–472.
Hearing of March, 1969, Vol. I, pp. 326–327.
Hearing of March, 1969, Vol. II, pp. 628 et sqq.
Loc. cit. Vol. I, pp. 314–320.
Loc. cit. pp. 95–99.
Hearing of December, 1968, Vol. II, pp. 179, 182–185, 187–189, 191–193, 195–196, 200–201, 206–209.
Hearing of March, 1969, Vol. I, pp. 124–126, 130.
Loc. cit. pp. 109–113, 115–116.
Hearing of December, 1968, Vol. II, pp. 139–140, 145.
Loc. cit. pp. 226–230.
Hearing of November, 1968, Vol. II, pp. 519, 521, 523–534.
Hearing of March, 1969, Vol. II, p. 781.
Hearing of December, 1968, Vol. II, p. 243.
Loc. cit. pp. 265, 268–270.
Loc. cit. pp. 100, 104, 108, 113, 115–116.
Hearing of November, 1968, Vol. II, pp. 346–347, 351, 358.
Loc. cit. pp. 396–397, 400–401, 419–423.
Hearing of December 1968, Vol. II, pp. 154, 158, 160.
Hearing of November 1968, Vol. II, pp. 376, 384.
Loc. cit. pp. 361, 363–364, 396–397, 400–401, 419–423.
[Not reproduced.]
See III below.
See IV below.
Memorial of 6th July, 1968, Annex 54.
Memorial of 6th July, 1968, p. 58.
It is not clear whether this body is the same as that referred to under point (1) above.
Memorial of 6th July, 1968, Annex 59.
Ibid. Annex 103.
Memorial of 6th July, 1968, Annex 56.
Ibid. Annex 100.
See the Government’s list of the Annexes submitted with its Memorial of 6th July, 1968.
Memorial of 6th July, 1968, Annex 118.
Hearing of September 1968, p. 232.
Witness Kekkos, hearing of March 1969, Vol. I, p. 323.
Hearing of December 1968, Vol. II, p. 263 (English translation by the Council of Europe). The other text referred to by the witness as “my own text” is apparently the document entitled “Text of Professor Phedon Vegleris” (memorial of 18th August, 1968, Annex 10), cf. his further statement: “I know that last June a text appeared in the Athens newspapers which was attributed to me and which I read in the columns of the Greek newspaper sent to me from Athens. This text is known to me. It was, in fact, with a few minor alterations which make the text a little difficult to read from time to time, a text which is entirely my own. It was a text in which I had set down my thoughts and which I delivered to General Argyropoulos and which contained my thoughts on what must be done, on how to defend the Republic and Democracy, which were in danger in March.” (Hearing of December 1968, Vol. II, pp. 258–259; English translation by the Council of Europe.)
The witness states that he left Greece on 16th January, 1968 — see hearing of November 1968, Vol. I, p. 8.
Ibid. Vol. II, p. 445.
Dispatch from the General Staff of the Army of 23rd July, 1966, paragraph 5(c).
Genemi Anghelis stated that it was 16% in 1966 — hearing of March 1969 Vol. I, p. 316.
Ibid. pp. 98–99.
Ibid. p. 63. Former Minister Christou considered that “more than 20% of the soldiers not the officers were influenced by Communism” — hearing of November 1968, Vol. II, p. 325.
Memorial of 6th July, 1968, Annexes 42–47. Brigadier General Kritselis, Chief of the Judicial Services of the Army, speaking of the crisis of public order said nothing to contradict this impression — hearing of March 1969, Vol. II, pp. 751 et sqq.
Ibid. Annexes 39, 40, 55, 109.
Hearing of March 1969, Vol. I, p. 135.
Memorial of 6th July, 1968, Annex 37; hearing of March 1969, Vol. I, p. 314.
Hearing of March 1969, Vol. I, p. 115.
Ibid. p. 315. See also Memorial of 6th July, 1968, Annex 56, paragraph 5 (c).
Memorial of 6th July, 1968, Annex 57. It will be noted that the arms caches mentioned under (3) and (4) were found after 21st April, 1967.
This date had been inserted on the photocopy submitted by the respondent Government.
Memorial of 6th July, Annex 57.
It appears from the memorial of 19th August, 1968, (Annex 9) that TEA was an anti-Communist organisation.
The original text of the fourth report refers to the third report and states that the material mentioned was found on the basis of indications made by one of the two arrested persons.
Hearing of March 1969, Vol. I, p. 19. The newspaper report was in “Kathimerini” of 1st April, 1967.
Loc. cit. p. 24.
Ibid.
Loc. cit. p. 124.
Loc. cit. p. 130. For the same opinion see General Anghelis, who also stated that “the Communist soldiers had instructions, at a moment of crisis, when the Army was ordered to intervene, to spread a spirit of defeatism, and say ‘What are we heading for? Are we going to kill our brothers?’ (ibid. p. 320).
Hearing of November 1968, Vol. II, p. 457.
Hearing of Match 1969, Vol. I, p. 53 (English translation by the Council of Europe).
Ibid. pp. 41–42.
The Political Situation in Greece, pp. 17–19 (the Governments which held office during that period are listed on pp. 18–19).
Memorial of 6th July, 1968, p. 65.
Letter of 19th September, 1967.
The Political Situation in Greece, p. 15.
Memorial of 6th July, 1968, p. 65.
The Political Situation in Greece, p. 15.
Memorial of 6th July, 1968, p. 65.
Letter of 19th September, 1967.
The Political Situation in Greece, p. 13.
Letter of 19th September, 1967; memorial of 6th July, 1968, pp. 58–60 and Annex 60; hearing of September 1968, pp. 221–222; The Political Situation in Greece, p. 13.
Memorial of 6th July, 1968, p. 59; The Political Situation in Greece, p. 14.
Memorial of 6th July, 1968, p. 67; hearing of September 1968, p. 228. See also letter of 19th September, 1967, and The Political Situation in Greece, p. 16 (alleged intention to swear in a Government “in Constitution Square”).
Memorial of 6th July, 1968, p. 67 (revised translation); hearing of September 1968, p. 228. The source of this quotation is not indicated.
The Undermining of the Greek Nation, p. 75.
Memorial of 6th July, 1968, p. 67; hearing of September 1968, p. 228.
Letter of 19th September, 1967; memorial of 6th July, 1968, p. 70; hearing of September 1968, p. 232.
Memorial of 25th March, 1968, p. 85.
Memorial of 25th March, 1968, p. 87.
Loc. cit. p. 88.
Memorial of 6th July, 1968, Annex 66.
Hearing of June 1969, p. 112.
Memorial of 25th March, 1968, p. 88.
Loc. cit. p. 86.
Hearing of March 1969, Vol. I, pp. 17, 31, 34; Vol. IV, Doc. No. 1 (pp. 961 et sqq. — letter from the witness to Mr. Karamanlis).
Ibid. Vol. I, pp. 39, 41.
Ibid. pp. 74–75, 80–81.
Ibid. p. 63.
Hearing of November 1968, Vol. II, pp. 331–332.
Hearing of March 1969, Vol. II, pp. 697, 705–706.
Hearing of November 1968, Vol. II, pp. 482, 487–488, 494–495, 508–509.
Hearing of March 1969, Vol. I, pp. 117–120.
Ibid. Vol. II, pp. 662–663.
Hearing of November 1968, Vol. II, pp. 430, 439–440, 442–444, 446–447, 450–453, 464–465, 475.
Hearing of December 1968, Vol. II, pp. 203, 206–207.
Hearing of March 1969, Vol. I, pp. 126–127, 130–131.
Hearing of December 1968, Vol. II, pp. 139–143.
Ibid. pp. 226–230.
Ibid. pp. 239.
Ibid. pp. 258–264.
Ibid. pp. 104, 116–118, 124.
Hearing of November 1968, Vol. II, pp. 349–350.
Ibid. pp. 402–403, 406–408.
Hearing of December 1968, Vol. II, pp. 163, 173.
Hearing of March 1969, Vol. I, pp. 352–359.
Hearing of November 1968, Vol. I, pp. 251–252, 255.
[Not reproduced.]
See, for example, the witnesses Averoff (hearing of March 1969, Vol. I, pp. 74–75, and Vol. IV, p. 1181); Papageorgopoulos (ibid. pp. 126–127); Andreas Papan dreou (hearing of November 1968, Vol. II, pp. 442–447).
See the respondent Government’s letter of 19th September, 1967, to the Secretary General of the Council of Europe, paragraph I(e) (see Appendix IV to this Report). [Not reproduced.]
“we has but a few Communists in our country” — see hearing of March 1969, Vol. IV, p. 1184.
Hearing of March 1969, Vol. I, p. 63. See also Vol. II, p. 659 (witness Bakopoulos). EDA’s electoral strength in 1958 and its decline thereafter was explained by the facts that, in 1958, there was “no well-organised socialist party in Greece” while in 1961 “the Centre Union Party had become organised, and had concentrated in its ranks all the elements that belonged neither to the extreme right nor to the extreme left” — ibid. pp. 64–65.
Memorial of 6th July, 1968, Annexes 65 (Greek original) and 66 (French translation).
The document was identified as a forgery by the witness, Dr. Kapsaskis, Director of the Athens Forensic Medicine Service and expert in graphology (hearing of November 1968, Vol. I, pp. 251–252, 255).
Ibid. p. 252 (witness Kapsaskis) and Vol. II, pp. 441–442 (witness Andreas Fapandreou).
See paragraph 118 above.
According to the respondent Government, Andreas Papandreou relied on “anonexistent article of the Danish Constitution” — The Undermining of the Greek Nation, p. 75.
Hearing of November 1968, Vol. II, pp. 439–440; 447.
Ibid. p. 440.
Ibid. p. 472.
Hearing of March 1969, Vol. II, pp. 662–663.
Ibid. Vol. I, p. 81 (English translation of the Council of Europe).
Hearing of December 1968, Vol. II, pp. 144–145.
Ibid. p. 124.
Ibid. p. 144.
See paragraph 118 above.
Letter of 19th September, 1967.
Ibid.; memorial of 6th July, 1968, p. 61.
Memorial of 6th July, 1968, p. 61.
Ibid. ; hearing of September 1968, p. 224. The number of persons killed has not been indicated by the respondent Government.
Memorial of 6th July, 1968, p. 62.
Ibid. p. 63.
Letter of 19th September, 1967; memorial of 6th July, 1968, p. 69; hearing of September 1968, p. 231.
Letter of 19th September. 1967; memorial of 6th July, 1968, p. 69; hearing of September 1968, p. 232.
Memorial of 6th July, 1968, p. 62.
Letter of 19th September, 1967; memorial of 6th July, 1968, p. 69; hearing of September 1968, p. 232.
Hearing of June 1969, p. 127.
Ibid. p. 119; hearing of March 1969, Vol. I, p. 52.
Hearing of June 1969, p. 127.
Memorial of 25th March, 1968, p. 86.
Hearing of March 1969, Vol. I, pp. 20, 25–26.
Ibid. pp. 51–53.
Ibid. pp. 36–37, 41.
Ibid. p. 74.
Hearing of November 1968, Vol. II, pp. 299–307, 319, 322.
Ibid. pp. 495–496, 498.
Ibid. pp. 434–436, 453–457.
Hearing of December 1968, Vol. II, p. 187.
Ibid. pp. 142–143, 145.
Ibid. pp. 218–221.
Hearing of November 1968, Vol. II, pp. 535–538.
Hearing of December 1968, Vol. II, pp. 239, 242.
Ibid. pp. 257–258, 266–267.
Ibid. pp. 100–102, 104, 108, 129.
Hearing of November 1968, Vol. II, p. 346.
Ibid. pp. 395–396, 406–408, 411–415, 420–421.
Hearing of December 1968, Vol. II, pp. 154–155, 161, 167, 174–175.
Hearing of November 1968, Vol. II, pp. 379–383.
Ibid. pp. 361–363.
[Not reproduced.]
Memorial of 6th July, 1968, Annex 113.
Ibid. Annexes 111 and 112.
Hearing of March 1969, Vol. I, pp. 52–54.
Hearing of November 1968, Vol. II, pp. 299–307, and witnesses’ notes deposited at that hearing, document No. 5 (photos of demonstrations).
Memorial of 6th July, 1968, Annex 113.
A press report quoted by the respondent Government mentions a student demonstration in Athens on 8th April, 1967, in which 18 students and 1 policeman were hurtmemorial of 6th July, 1968, Annex 114, p. 561.
The (conservative) National Radical Union.
Hearing of March 1969, Vol. I, p. 52 (English translation by the Council of Europe). According to the witness Anastassopoulos, there were “from seventy to eighty policemen wounded and from seventy to eighty building workers” — hearing
of December 1968, Vol. II, p. 145.
Memorial of July, 1968, Annexes 111 and 112.
Hearing of November 1968, Vol. II, p. 300.
Hearing of March 1969, Vol. I, p. 52 (English translation by the Council of Europe).
EDA.
“Avghi” — cf. paragraph 91, No. 3 above.
Hearing of March 1969, Vo. I, p. 51 (English translation by the Council of Europe).
See also the evidence given before the Sub-Commission by MM. Lambert (hearing of November 1968, Vol. II, pp. 380–383) and Sedgwick (ibid. pp. 345–346).
It may be observed that this is not suggested, even contingently, in the report of the Lieutenant-General Panayotakopoulos, Chief of the Gendarmerie, on the Salonica disturbance of 10th July, 1966 — see Memorial of 6th July, 1968, Annex 88.
Hearing of March 1969, Vol. I, pp. 318–319.
Memorial of 6th July, 1968, Annex 114.
Witness Makris, hearing of November 1968, Vol. II, pp. 535 et sqq.
Ibid. p. 537.
This question has been discussed by the parties before the Sub-Commission. See memorial of 6th July, 1968, pp. 47–48, and hearing of September 1968, pp. 212, 236–237 (respondent Government); memorial of 25th March, 1968, pp. 49–60; hearing of September 1968, pp. 145–148 (applicant Governments).
In the French text of Article 15: “danger public menaçant la vie de la nation”. The English and French texts of the Convention are, as stated in its final clause, equally authentic.
Lawless Case (Merits), Judgment of 1st July, 1961, The Law, paragraph 28 (p. 56). As stated by the Court, the French text of the judgment is authentic — cf. Rule 50, paragraph (1) (m), of the Rules of Court.
This question has been discussed by the parties before the Commission and the Sub-Commission. See, for the respondent Government: observations of 16th Decem ber, 1967, p. 5; observations of 15th May, 1968, p. 16; hearing of September 1968, pp. 213–214, 238; for the applicant Governments: applications of 20th September, part III; memorial of 25th March, 1968, pp. 54, 75–76, 82; hearing of September pp. 145, 149–150, 286; hearing of June 1969, p. 102.
See its reports in the First Cyprus Case (para. 136: “discretion in appreciating the threat to the life of the nation”) and in the Lawless Case (para. 90: “a certain discretion — a certain margin of appreciation — must be left to the Government in determining whether there exists a public emergency which threatens the life of the nation”, see also para. 91). The Court, in its judgment in the Lawless Case, did not use the term “margin of appreciation”, but with regard to the question of the existence of a public emergency the Court stated inter alia that such emergency “was reasonably deduced by the Irish Government from a combination of several factors” (“a pu être raisonnablement déduite”) — The Law, para. 28 (p. 56).
See paragraph 63 above.
Hearing of September 1968, p. 212.
Paragraphs 110–114 above.
Paragraphs 101–106 above.
See paragraphs 141–151 above.
Hearing of March 1969, Vol. I, pp. 2 et sqq.
Minister of Public Order, ibid. pp. 50 et sqq.
Minister of National Defence, ibid. pp. 36 et sqq.
The respondent Government mentions in this connection two organizations of the Centre Union Party : EFEE (National Union of Greek Students) and EDIN (Greek Democratic Youth) — memorial of 6th July, 1968, Annex 113.
Paragraph 165 was adopted by a majority of ten members
Paragraphs 230–237 (pp. 134–138) of the present Report.
Documents Nos. 6 et sqq. [Not reproduced.]
Doc. D 28.954.
Paragraph 130, page 137, of the Commission’s report.
Lawless Case (Merits), Judgment of 1st July, 1961, The Law, paragraph 28, p. 56.
See paragraph 152 and cf. paragraph 153 above.
Paragraph 136, p. 144.
Publications of the Court, Series B, 1960–1961.
Judgment of 1st July, 1961, The Law, paragraph 28, p. 56.
See Verbatim Record of the hearing of witnesses before the Sub-Commission held in Strasbourg from 25th to 30th November, 1968, Vol. II — Evidence relating to Article 15; Verbatim Record of the hearing of witnesses before the Sub-Commission held in Strasbourg from 18th to 20th December, 1968, Vol. II — Evidence relating to Article 15; Verbatim Record and Minutes of the hearing of witnesses etc. in Athens from 10th to 20th March, 1969, Vols. I and II.
See Appendices V and VI to this report. [Not reproduced.]
See paragraph 37 of this Report.
Paragraph 136, p. 144, of the Commission’s report.
Paragraph 90 of the Commission’s report, see also paragraph 91.
Memorial of 6th July, 1968, Vol. II, Part 1, pp. 273–390.
Memorial of 6th July, 1968, Vol. II, Part 1, pp. 289–290.
Ibid. p. 304.
Ibid. p. 318.
Ibid. pp. 319 et sqq.
Hearing of March 1969, Vol. I, pp. 74–76.
Ibid. pp. 75, 81.
Hearing of November 1968, pp. 346 et sqq.
Ibid. pp. 379 et sqq.
Hearing of December 1968, pp. 98 et sqq.
Memorial of 6th July, 1968.
Hearing of December 1968, pp. 138 et sqq.
Ibid. pp. 217 et sqq.
Hearing of December 1968, p. 218.
Hearing of March 1969, Vol. I, pp. 126 et sqq.
Ibid. p. 76.
Ibid.
Ibid. p. 88.
Ibid. p. 89.
Letter No. 1683 of 22nd July, 1969 — reproduced at Appendix IV to this Report. [See this Yearbook, Vol. XII, p. 46f.]
Letter of 19th March, 1969, see hearing of March 1969, Vol. IV, p. 1182.
Hearing of March 1969, Vol. IV, p. 1184.
Ibid. p. 1183.
Hearing of June 1969, p. 130.
Hearing of March 1969, Vol. I, pp. 327–328, 336–339.
Ibid. Vol. II, pp. 627–631, 635–636, 645–647.
Hearing of March 1969, Vol. I, pp. 319, 321.
Ibid. p. 99.
Ibid., Vol. II, p. 756.
Hearing of December 1968, Vol. II, p. 208.
Hearing of March 1969, Vol. I, p. 21.
Ibid. Vol. II, pp. 705–707.
Ibid. Vol. I, pp. 79–80.
Ibid. pp. 47–48.
Hearing of November 1968, Vol. II, p. 466.
Hearing of March 1969, Vol. I, pp. 352 et sqq.
Ibid. Vol. II, pp. 781–782, 786–787.
Hearing of December 1968, Vol. II, p. 123.
Hearing of November 1968, Vol. II, pp. 355–356.
Ibid. pp. 403–406.
[Not reproduced.]
Hearing of March 1969, Vol. II, p. 631 and Vol. IV, p. 991.
The Communist Party of Greece (KKE) is however included in the list.
Ibid. Vol. II, p. 627.
Ibid. p. 631 and Vol. IV, p. 991.
Letter No. 1683 of 22nd July, 1969, from the respondent Government to the Secretary General of the Council of Europe, reproduced at Appendix IV to this Report. [See this Yearbook, Vol. II, p. 46f.]
Hearing of March 1969, Vol. II, p. 645.
The organisations mentioned in paragraph 196 above.
Hearing of March 1969, Vol. II, pp. 645–646.
Hearing of March 1969, Vol. II, p. 756.
See paragraph 191 above.
Hearing of March 1969, Vol. II, p. 633.
Ibid. p. 627.
Ibid. Vol. I, p. 321.
Ibid. pp. 331–332.
See paragraph 191 above.
Witness Philippos Anghelis (hearing of March 1969, Vol. II, pages 781, 786) and witness Natsinas (hearing of December 1968, Vol. II, p. 208).
Hearing of March 1969, Vol. I, p. 21 (English translation by the Council of Europe).
Ibid. Vol. II, pp. 705–706.
Ibid. Vol. I, p. 47 (Engl. transl. by the Council of Europe).
Ibid. p. 80 (English translation by the Council of Europe).
Loc. cit.
Loc. cit.
Papaligouras loc. cit. (Engl. transl. by the Council of Europe).
A different opinion as to the economic situation was expressed by Averoff (loc. cit.) and Stephanopoulos (loc. cit.).
Hearing of March 1969, Vol. I, pp. 344–345.
Ibid. p. 354.
See paragraphs 268, 306 and 362 below.
Paragraph 208 was adopted by a majority of ten members.
Paragraphs 238–239 (p. 138) of the Report.
Paragraph 219 (pp. 122–129) of this Report.
See paragraph 191 above.
Hearing of March 1969, Vol. II, pp. 626 et sqq.
Paragraph 217 was adopted by a majority of nine members.
Paragraph 165 above.
Paragraph 208 above.
Paragraphs 238–239 (pp. 138–139) of this Report.
See Chapters II and III of this Report.
Cf. page above.
Paragraph 184.
See paragraph 182 above.
Paragraph 217.
See in this respect the Government’s memorial of 6th July, 1968, p. 15 with respect to Article 5 of the Convention, p. 22 with respect to Article 6, p. 24 with respect to Article 8, p. 26 with respect to Article 9, p. 36 with respect to Article 10 and p. 39 with respect to Article 11.
The Law, paragraphs 35–37.
See paragraph 182 (B) above.
Paragraph 143, p. 160, of the Commission’s report of 26th September, 1958.
Ibid. paragraph 318 (p. 360) and passim.
Paragraph 106, p. 114, of the Commission’s report.
See paragraph 37 of the present Report.
See paragraph 193 of this Report.
[Not reproduced.]
Cf. also Publications of the European Court of Human Rights, 1962, De Becker, Series B, p. 133.
Paragraph 106, p. 114, of the Commission’s report.
Paragraph 52.
Memorial of 6th July, 1968, p. 46.
Ibid. pp. 74–76.
Ibid. p. 76.
Hearing of January 1968, p. 33; memorial of 25th March, 1968, pp. 47, 76–80; hearing of September 1968, pp. 150–153; hearing of June 1969, pp. 136–139.
Memorial of 25th March, 1968, p. 47.
Hearing of June 1969, p. 138.
Ibid. p. 137.
Hearing of September 1968, p. 150; hearing of June 1969, p. 136.
Hearing of June 1969, p. 137.
Ibid. p. 138.
See also the opinion of Mr. Busuttil (paragraphs 238–239 below) and the dissenting opinion of Mr. Ermacora (paragraphs 214–215 above).
Paragraph 225 was adopted by a majority of ten members.
Memorial of 6th July, 1968, p. 86. See also ibid. p. 44.
Hearing of September 1968, p. 279.
See also Chapter II, F (IV), below.
Paragraph 229 was adopted by a majority of ten members.
Cf. pages 76, 100 and 104 above (footnote 416).
Hearing of March 1969, Vol. I, p. 127.
The full text of Constitutional Act “Alpha” is reproduced at Appendix XVIII of this Report (p. 691).
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© 1972 Martinus Nijhoff, The Hague, Netherlands
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Council of Europe Staff. (1972). Article 15 of the Convention. In: Yearbook of the European Convention on Human Rights. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-1224-4_4
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