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Greece v. the United Kingdom, Report, No. 176/56, ECommHR, 26 September 1958

Date
26/09/1958
Type Review
Case number 176/56

Abstract

Derogation from the European Convention on Human Rights in time of emergency. Notion of "nation" within the meaning of Article 15, para. 1 ECHR. Notice of derogation under Article 15, para. 3 ECHR.

Normative references

Art. 15 ECHR

Description

1. Pursuant to Art. 15, para. 1 ECHR, the term “nation” means “the people and its institutions, even in a non-self-governing territory, or in other words, the organised society, including the authorities responsible both under domestic and international law for the maintenance of law and order”. It follows that an empire existing of multiple countries is entitled to invoke the state of emergency on one of its countries, since it could otherwise not effectively respond to an attempt to overthrow the government of the territory. 

2. Pursuant to Art. 15, para. 3 ECHR, it is for the State concerned to notify the Secretary General of the Council of Europe of derogating measures without any delay, together with sufficient information concerning them, to allow the other Contracting States to evaluate the nature and scope of the limitation of fundamental rights which the measures involve. In the instant case, the three-month period between the taking of the derogating measure and its notification is evaluated to be an unjustified delay.
(Case concerning the state of emergency proclaimed by United Kingdom on the territory of Cyprus).