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Human Rights and the End of EmpireBritain and the Genesis of the European Convention$
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A. W Brian Simpson

Print publication date: 2004

Print ISBN-13: 9780199267897

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199267897.001.0001

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The Outcome of the Two Applications

The Outcome of the Two Applications

Chapter:
(p.988) 19 The Outcome of the Two Applications
Source:
Human Rights and the End of Empire
Author(s):

A. W. BRIAN SIMPSON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199267897.003.0019

This chapter gives an account of the visit of the sub-commission to Cyprus, the oral hearings, hostility of the colonial authorities and their management of the visit, the part played by the UK member, Humphrey Waldock, and the Greek member Eustathiades, the report of the sub-commission, with detailed discussion of its views on Article 15 of the Convention, on the doctrine of the margin of appreciation, on irregular derogations, on curfews and collective punishments, and on arrest and detention. It also gives an account of Greece's second application, Application 299/57, which alleged forty-nine cases of torture, which are discussed in detail, and of the appointment of a second sub-commission, and explains how the UK lawyers succeeded in delaying the investigation, which was never completed, events being overtaken by the Zurich political settlement of the dispute, with the report in the first case kept secret and the investigation of the second halted.

Keywords:   Humphrey Waldock, Eustathiades, Article 15, margin of appreciation, derogations, curfews, collective punishments, torture, Zurich

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