COUNCIL OF EUROPE
EUROPEAN COMMISSION OF HUMAN RIGHTS
PAETIAL
DECISION OF THE COMMISSION
AS TO THE ADMISSIBILITY
of Application Eo, 44.48/7O 
by the Governments of Denmark, Norway and 
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. ■ Sweden 
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against the Government of Gree.re
The European Commission of Human Rights sitting in private ' 
on 26th May, 1970, under the presidency of Mr. J.E.S. EAWCETT. 
(Rules 7 and ^ of the Rules of Procedure of the Commission) 
and the following members being present 2 
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IM. M, 30EBÏÏSEN
A. SUSTERHERN 
E. EEÎÆACORA ■
E, WELTER
W. E. de GAAY EORTMAN 
P. Po O'DONOGHUE 
P, 0. DELAHAYE 
Eo BUSUTTIL
B. DAVEE
. îfc,. A, 
by ա . K.
B. McNULTY, Secretary to the՛. Commission, 
ROGGE, E,. REUTER and, K. CHRYSOSTOMIDES.
assisted
Having regard to»
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the application lodged on 10th April, 1970, under Article 24
of the Convention, by.the Governments of Denmark, Norway and 
Sweden agdnst the- Government of Greece and registered oh the 
same day under file No, 4448/70; 
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the Order made by the Acting President on 11th April, 1970, 
requesting the Secretary-General of the Council of Europe's
I’a to give notice of the application to the Government of 
-, Greece;
D 37 «646 
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4448/70 
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2. 
to invite the Government to submit before 12tb May,
1970, its written observations on the admissibility 
of the application 5 . 
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to inform the respondent Government, with reference 
to paragraph 4 of the application, of the Acting 
President's req.uest that, pending the proceedings 
before the Commission,' the 'execution of death penalties 
against any of the 34 accused persons be suspended?
the respondent Government's written ՛ observations of 
17th April, 1970, on the admissibility of the application?
the Acting President's Order of 20th April, 1970, inviting 
the applicant Governments to submit before 20th May,՜ 1970s
lo any observations ^which • they wished to niake in reply 
to the respondent Government's observations of 
17th April? 
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2. any further information or explanations which they 
might wish to put before the Commission with regard 
to the admissibility of the application?
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the applicant Governments' observations of 19th May, '1970?
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the Commission's decision .of 26th May, 1970, that the 
application should be given precedence in accordance with 
Article 38, paragraph 1, of the Pules of Procédure?
Having deliberated,
THE PACTS
I'o Whereas the facts presented by the applicant Governments, 
may be summarised as follows;
' On 27;th March, 1970, a trial of 34 persons accused of 
subversive' activities opened before the Extraordinary Court 
Martial in Athens» The defendants, who -were said to. have, 
been members of the illegal organisation "Democratic Defence", 
were D» Karageorgas, G.A» Mangakis, 1» Starakis, S, Loukas,
I, Kambotiat^s, D, Kotsakis, A» Wilias, A. Mihalakeas,
Oh,. Pro.topappas, I, Vassiliou, E. Deloukas, D; Konaris,
H,- Konstantopoulos, Y. Zografou, Oh, ■ Kokofyllos, 1, Stavropoulou, 
C, 'Tsakareskosj I, Papadopoulos, 0, Maniatis, G,. lordanidis,
P, Kapagéroff, Th, Papamangaris, Th, Pakos, P, Andritsakis,
B, Papazissié, P, Papadopoulos, M.. Mihopoulos,■ -4th, Mihalakeas,
P, Missaelidou, P, Tsangarakis, G. Kosmos, Th. Matsoulas,
C. ' Droutsas and E. Hitsopoulos. 
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4448/70
■ - ■ The inire.S'tigation had heeh opened,; in July 1969 afier' an 
explosion had tàken place at the home of Karageorgas, .who'was 
then a Professor of the. Panteios՛ School of-.Advanced Economic 
and Political Studies^՜- -'According ,t-o the indictment this 
explosionj which severely injured Karageorgas,"took place՛ 
while he was setting a tim.e-homb. 
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On the opening' day of. the trial, counsel for the defence,՛ 
read out statements by Karageorgas, Mangakis and Vassiliou 
alleging that these՛ defendants had been tbuttired during, the 
investigation and, on 30th March, the- Court heard the evidence .. 
of Dr, Kapsaskis, Director of the Athens Poreiisic Medical Service, 
on these allegations',, 
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՛ Yarious-niotipns by the defence, including a request for an 
adjourhinent ,'of the trial in order to be able farther to study 
the case—file, were dismissed by the Court'. '-
During the subsequent proceedings a large number of witnesses, 
both Greek and foreign, were heard, by the Court. 
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On. 8th April, the Public Prosecutor requested the death 
penalty'for Karageorgas.and.life,imprisonment for Mangakis,
Starafcis', Loukas' and Kambotiatis. 
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Dÿ judgment of 12th April, 1970, the Court sentenced.i 
Karageorgas to- life imprisonment and Mangakis, Starakis-.and ՜ loukas 
to l8 years' imprisonment. Kambotiatis,՛ Kotsakis ,՛-'Wilias ,
A. Mihalakeas, Protopappas, Yassiliou, Deloukas, Koharis, ՝. 
Konstantopoulos 5 Zografou, Rokofyllos, Stavropbtilou, ,Tsakareskos,
I. Papadopoulos, Maniatis , ՛ lordanidis, Kap'ageroff,'.Papamangaris,
Pakos ,Papazissi3 ՛, P, Papadopoulos, Mihopoulos and Missaelidou՛ .՛ ՛ 
received prison sentences ranging from 15 years to 1 year. The 
execution of these sentences was suspended in the cases of 
Zografou, Rokofyllos, Stavr opoul ou,. Maniatis ,'P. Papadopoulos,.. 
Mihopoulos and Missaelidou. Andritsakis, Ath. Mihalakeas, ՛. 
Tsangarikis, Kosmos,’ Ifâtsoulas, .Droutsas , and Kit.sopoulos' were ' 
acquitted,' ֊ 
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Hi With regard-to the above proceedings, the-'applicant '' ՜՛՛; 
Governments allège violations of Articles 3 and 6 of‘the'Convention, 
They տ ս՜հտ Ս in particular:. 
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1. , As regards-Article ,-,3 5 that the défendants''were kept iu strict 
isolation in dark cells'and that''at least-twelve of them were ՛' '՛ 
subjected to torture during the investigatioh. The Governments refer' 
to the_above-mentioned statements by Karageorgas, Mangakis and , . 
'V'assiliou,. and to further declarations made .before, the trial court 
by Kotsakis, Konstantopoulos and Rokofyllos, They also submit 
copies of statements by loulcas, Kambotiatis and Papazissis, 
pointing out that these defendants were not permitted to put their- 
complaints before the court, and invite the Commission to hear the 
evidence of Starakis, who was sentenced to 18 years' imprisonment 
but subsequently nardoned and. expelled from. Greece,
444o/7ü
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2» With regard to Article 6 of the Convention, the applicant 
Governments, allege violations of the right to "a 'fair trial hy 
an independent and- impartial tribunal established by law. They 
point out that tlie defendants wgre nof tried by ah ordinary 
court but'՛ by a court martial ■ and֊՜ also ' complain that they 
were denied the opportunity to prepare their defence properly 
and that the court refused to hear further statements and' 
evid'ence^ concèrning the allegat'ions of torture, 
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III, As; regards the admissibility. of the application, the , ‘ 
applicant ' Governments 'Submit; 
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fhat, although the respondent Government has denounced 
the. Oonv;ention ,and withdrav/n from the Council, of, Evirppe
■ by 'declarations of՜ 12th December, 1969, the՜ Commis'sion , -, 
is competent rations temporis to de'al with the present 
case? 
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that the condition of the exhaustion of domestic remedies, 
laid dov/n in Article 26 of the Convention does not apply . 
to their allegations.
They maintain that, under Article 65 of the Convention-,, 
neither of the respondent Goveinment’s declarations of ' ՛
12th December, 1969,.has the effect of releasing Greece from- 
her obligations under the Convention before the expiry of the 
six months'' period'mentioned in paragraph (l) of that Article.- 
This followed, insofar as the denunciation of the Convention 
was,concerned, from the terms of paragraph (l) and, as regards, 
"the withdrawal from the Council of 'Europe under Article 7 of 
the Statute, from the -terms of paragraph- (3 ). ofArticle 65,
The applicant Governments further maintain that the 
condition of .exhaustion of domestic remedies laid down in 
Article-.շօ of the Convention does not apply to the present - . 
applicationthe object'of which is to determine the .compa­
tibility with the Convention՜
of certain legislative measures 
and- administrative practices. They state that their allegations 
under Article -3 concern a practice of torture and■ill-treatment 
-of.political prisoners in Greece and that their allegations 
under Articlé 6 of the Convention relate to a trial- which was 
based -on extraordinary legislation. They also submit that,, 
moreover, there., are no domestic remedies a,vailable to the 
defendants,'or the applicant Governments'.with regard ՜ե օ the 
.above c.omplaints,
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4448/70
IV, •-The;.■ resp.qnd.ent G.overnment refers to, its witladrawal-.from 
the Council of- Europe under Article 7 of the Statute‘'..of• the 
Council,. -It 'considers' this withdrawal ,to hs ’'effec'tive ■ as ■ 
fr'om'12th -ւտ օտ ա հտ ր յ ֊1969" and concludes that, ^under 'the terms 
of Article 65, paragraph (3), of the Convention, Greece has՛ 
ceased to he a Party t.o the Convention .on the same day-՝.֊ By 
its Note Verhale of. 17th .December, 1969, the Secretariat- 
General of the .'Council of .Europe had a-ccordingly restric-ted 
the future application 'of the Convention,in respect of Greece ■ 
to the. Pirst Greek Case,, then pending before the ' Committee of 
Ministers, ■ ■ ՛■ :', 
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. No submissions- ha-\i"e been made, by the respondent Govern­
ment with regard to the further'question ■ whether ^ if it should'' 
be"held-that the Commission was .competent rati one tomporis,՛ 
the՛ rule of exhaustion of domestic remédies should be applied 
ժո -.thé .présent ■ '.case,. 
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i,■ ■ As •regards the competence, of .the Commission- ratione temporis
■ ‘ Whereas the respondent Government^' by a .NOte. V'erbale "Of ■
12th-December,’ 19695 addressed "to- thé 'Secretary-General of .the ՛ 
Council Of Europe, denounced the Convention xnder Article 65,' 
paragraph (l)p -whereas, aCcord.ing to this provision, a. High, • 
Contrbeting‘Party may denounce ' the Convention՛. Only-'"'after six 
months'' notice'!; whereas it follows that '.the'above denunciation 
doés not take effect until 13th June, 1970.,' the period.-of six, 
months'.’"notice ending on i2th June; ֊ ՜
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'wheréas this.: is cPnfirmed by the terms of the Note Verbale 
of ՝17th December,' 1969, from the 'Secretaria՜!:;-General of the ■ ■ 
Council of Éuropé to the respondent ■ Government, which'has been՛ 
cited by,the Government in the present case; whereas, in that 
Note, it is stated that, in accordance v^ith paragraph. ,(,l).. of 
Article 6'5'', 
the ' responde.nt ՜ Government ' s'"denunciation, "will take
effect on 13th June, 1970, as the six months' notice prescribed 
in that paragraph will end on 12th June, 1970"; 
, whereas
the same'Note Verbale further refers to paragraph "('2')՜ of ՛.
Article 65 ֊which states that a'den'unciation under paragraph (l/. 
"shall not have the effect of releasing the High • Contracting 
Party coneerned.from•its obligations under this Convention 
in res'pect of any act which, 'being capable of const it'd ting a 
violation of such obligations, may bave been performed by it 
be;fore tbe .date at Y։rhich the denunciation became effective";
' and .whereas, in this connec'tion, it is stated in thé Note that;
4448/TO;'..
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"In par'biDular, the proceedings instituted hy the Governments՝ 
of Denmark՝, .ITorway, S'weden and the Netherlands agâinS't the 
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Government՝ .of- Greece, which are 'still pending before the 
Committee՝ of Ministers, will'not ^e affected hy this denunciation" ;' 
whereas՝ its ..is clear՝ from the՛ words "in particular"- that' th'e: ■ 
Secretariat֊!'s-Note V.er'bale of 17th ւտ օտ ա ՚Ե տ ր , 1969, did-not in ■ 
any way, as alleged h-y . the respondent Government-, res-trict''' 
the future՝ application of the՝ Convention .in respect of՝ Greece . 
to '.t.he՝-'Dirs-t Greek .Cas՝e then pending before; the Committee՛ ef ՛ . ՝ 
Ministers,;' , ■ 
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whereas the, Commission has also had regard to paragraph ,.(3) 
of Article 65՝; ''whereas,, according to - this .■ •provis-ion.,,,'any՛-. "High 
Contrac'-ting'Party, which • shall cease .to be ո Member- oi the ■ ՛,," 
Council.' of; "Europe,:՛■ shall -cease;-to- be à''Party'-’-to .-the 'Conven'fibr. 
"'ander'the՝ same՝ conditions"; whereas, in this connection, the 
Commission has noted that, iDy a Note Verbale of 12th DecemlDer,
1969, addressed to the Secretary-General of the Council of 
Europe, the respondent Government informed the Secretary- 
Genera'l of its decision to withdraw from the Council՜'under 
■ Article 7 of the Statute; ' whereas, under this provis-ion, any 
.Member Q-f՝.the Council,, of Europe may withdraw by formally notifyin.g 
'the'S'ëôfetary^General''6f its' i'ntent'io'n to do'so whereas''such 
withdrawal- shall take .effect, "at the end of- the financial 'year 
in which -it- is notified, if the notifica.tion is given during , 
the. first nine-months .of that financial- year";. and whereas, 
if the notification is, as in the present case, given in the - 
last three months of the financial year, it shall take effept . - 
"at 'the end of the next financial-year " ; 
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whereas the respondent Government has taken a contrary ■ 
position and submits that the withdrawal,of Greece -from the 
Council of Europe■was , "effective as from.12th December, 1969"? 
and-whereas -the Committee of Ministers, when noting the declaration 
of.withdrawal, stated in its Hesolution 69 (51) of 12th December, 
1969, that it 
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"Understands that the Greek Government will abstain 
■ from any further participation in the activities of 
- - the Council of Europe as from today; ՜ 
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Concl-udes that on this .imderstanding there -is no 
,'need to pursue the procedure for suspension;, under.
Article 8 of the Statiite"';
and whereas .the Chairman of the Committee nf Ministers reported 
to the Consultative Assembly on 29th January, I970j that it was 
the opinion of the majority of the Ministers' Deputie-s at tbeir 
l86th ' session that-' ' 
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"à dater de I'adop'tion de la Resolution 69 (51), 1-a 
Grèce, tout en restant formellement membre du Conseil 
jusq.u'au 31 décembre 1970, doit être considéré comme 
étant suspendue de facto de son droit de représentation, 
et dès lors ne peut plus participer aux activités du 
’ Conseil de l'Europe";
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4448/70,
(.":from , the. date on which. Resolution (69-) 51 was 
adopt.ê'd'' Ց -ree՜ce՜, ■ while ՚ formally"rema-ining՛ "à, ;membhf՝’ , ■ 
of the Council of Europe until 31st- Deeemberj -f9?‘0՜,
■ , must he considered as being suspended- de facto
from its'right of representationj so thatnit can:-՛-- ■ 
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■ no longer take part in th.b work of the Council of 
Europe. ".)
VcThereas the Commission does not՜ find-that Greece has,.
■ b-y reason of its declaration of withdrawal ՛ of 12th December,
1969 or any action described above, ceased as yet to be a , 
Member-of the Council, of Europe in the sense of Article 65, 
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paragraph', (3)- and for the purposes of the Convention?. ; 
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whereas, irrespective of the date at which Greece 'ceases 
to be' a Dart y to the Convention, it follows from paragra,ph (’2)' 
of Article 65 that'this will not have the effect of.releasing ' 
Greece, from her obligations under, the Convention in. respect of 
any act which, being capable of constituting a violation of 
such obligations, may^ have been performed by. Greek authorities •• 
before that date? • 
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whereas, in conclusion, the Commission՜ -finds with regard 
to the՛ respondent Government's two declarations of 12t.h' De.cember 
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that, following her denunciation under Article '65 
paragraph (l), Greece will cease to be a Party to՛the
, ; ; .Convention on 13th June, 1970? 
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that Greece cannot claim before .that date- to haye been
released from her- obligations under 'the Convention on 
12th December, 1969,՜ in pursuance of paragraph (-3).of 
Article 65 ? 
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3. ‘ .that, -in'accordance wi'th paragraph (2) of the same Article,
Greece remains bound by the Convention after 12th d'une, 
1970, in respect of any act which, .being, capablé. of;., 
constituting a violation of the Convention, may have b.een 
performed by Greek authorities before' 13th June-,, 1970, 
being'the date at which the denunciation.^will become 
effective? 
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whereas the present application, 'which was filed on - 
10th April,-1970, relates to acts allegedly committed by Greek 
authorities during a criminal investigation betw'een July 1969 . 
and March 1970 and, further, to a trial which lasted from 
27th March until 12t.h April, 1970?. and whereas it follows - 
from the above conclusions that the Commission is, and remains, 
competent-rations temporis to deal with these allegations.
4448/70 
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II„ As rejg;ard3 Article 26 of the CQnv~.ention. (exhaustion of 
d orne s t i g r eme ai e s ) 
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Whereas the applicant G-OArernments sutmit thaty _f-or various 
reasonsj the condition of exhaustion of domestiq remedies laid 
down in Article 26 of the Convention does not apply.' to their 
'present allegations 5 whereas՜ these submissions were՜ not 
■ contained in the application of 10th April, to which' the respondent 
Government replied hy its observations, of՜17th April, but were 
made in'the applicant Governments' observations of 19th May, which 
were communicated to the respondent Government on 25th lîay, 1970| 
v/hereas, 'conseq.uently, the respondent Government has not yet 
had an occasion to reply to these'new submissions’ of the applicant 
Governments I . whereas,, therefore, .the. Commission considers that, 
before՜ it,, examines this, iss'ue, the respondent Government ■ ■ .should 
be invited''to .submit its observations in reply: 
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Now therefore the Commissions
1, decides that it is, and remains, competent rations temporis 
to deal with the present application;
2o decides to invite the respondent Government ,to' submit ,, 
within a time-limit of four weeks, its observations in 
reply to. the applicant Governments' submission that the 
- condition of exhaustion of domestic remedies does not 
■ apply to their, present allegations;
3o decides in the meanwhile to adjourn its further examination 
of the applicatiouo . 
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'Secretary to the Commission Acting .President of the .Commission
(A, B^՜ McNULTY)
(J, E, S, PAWCETT)