The Gazette 1972

Irish Complaint before European Commission in Strasbourg Here is the text of the statement issued by the European Commission of Human Rights.

Powers) Act, 1922, and the regulations made under it. In this connection the Commission considered the British Government's notices of derogation under Article 15 of the Convention and also noted that both parties agreed that a public emergency existed within the meaning of Paragraph (1) or Article 15. The ques- tion remained whether the measures taken by the British Government in connection with detention and internment exceeded the limits under Paragraph (2) of Article 15 in that they were not strictly required by the exigencies of the situation. The Commission found that, in accordance with its established practice, this question could not be decided at the admissibility stage but should be made the subject of an examination on the merits. The Commission accordingly admitted the mat- ters relating to internment and detention in connection with Articles 5 (the right to liberty), 6 (right to fair hearing in determination of civil rights), and 15. Internment exercised with discrimination The Commission next considered the Irish Government's allegations that the detention and intern- ment power were exercised with discrimination on the grounds of political opinion and were thus a breach of Article 14 of the Convention (which prohibits discrim- ination on various grounds). The Commission here found that these allegations under Article 14, with respect to the right guaranteed under Articles 5 and 6, in conjunction with Article 15, were admissible. The Commission finally considered the Irish Government's allegation that the administrative prac- tices referred to also constituted a violation of Article 1 of the Convention, which provides that "the high con- tracting parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section 1 of this convention". The Commission decided to reserve to an examination of the merits the issue whether there was any breach of Article 1 of the Convention. This part of the application is, therefore, also admitted. The Commission's decision, which will be published in due course, will summarise the parties' arguments and explain further the reasons of the Commission's decision. The Commission has now under Article 28 to estab- lish the facts of the case and to put itself at the disposal of the parties with a view to securing a settlement. It will first invite the Irish and then the British Government to submit their written observations on the merits of the admitted complaints and will later decide on its further procedure. STRASBOURG CASE ADMI TTED Human Rights Commission to take up Complaints against Britain The European Human Rights Commission yesterday admitted five of the seven charges brought by the Government against Britain to further investigation, including one which will determine whether the meas- ures taken by the British Government under the Special Powers' Act—among them internment—were strictly required by the situation. - 2 4 6

On October 1st, 1972, the European Commission of Human Rights decided after hearings of the parties which took place in Strasbourg from September 25 th to 29th, 1972, that certain parts of the application sub- mitted by the Government of Ireland under Article 24 of the European Convention on Human Rights and Fundamental Freedoms were inadmissable, but admitted certain other parts of that application for further inves- tigation without in any way prejudging its opinion as to whether or not the complaints concerned showed a violation of the Convention. The Commission first noted that, as the result of an undertaking given by the British Government to the effect that there would be no prosecutions of offen- ces under the Northern Ireland Act, 1972, for acts or omissions which occurred prior to the enactment of that Act, the Government of Ireland have withdrawn their application, submitted under Article 7 of the Conven- tion, in relation to that Act. The Commission therefore decided to strike this application off their list of cases. The Commission then declared inadmissible the Irish Government's complaint under Article 2 (right to life) of the Convention (the causing by the security forces of deaths in Northern Ireland in August and October 1971 and in Deny on January 30th, 1972) that there has been on the part of the British Government an administrative practice failing to pro- tect the right to life. The Commission found that no such practice had been established by the Irish Government and that therefore the deaths concerned would have to be examined individually and not as examples of a practice and it would have to be shown by the Irish Government that the domestic reme- dies available in Northern Ireland had been exhausted in each case (Article 26). The Commission, however, found that the Irish Government had now shown this to be the case and that, therefore, this part of the application was inadmissible. Methods of interrogation to be further investigated The Commission then considered the Irish Government's allegation that the methods of interro- gation of persons detained and interned violated Art. 3 of the Convention and that such methods amounted to an administrative practice. The British Government denied that there was, or had been, any treatment of detained or interned persons in a manner contrary to Article 3 and it then submitted that certain techniques of interrogation pre- viously authorised had been discontinued. The Commission found that the treatment com- plained of, particularly the methods of interrogation, did constitute an administrative practice and called for further investigation in connection with Article 3. Furthermore, the Commission declared admissible the allegations of the Irish Government concerning internment without trial and detention as carried out in Northern Ireland under the Civil Authorities (Special