The Guide

-Associated Press Photo Judges Listen Intently During Session of Court ... 15 member-nations choose one judge apiece

Where Justice Needs No Passport

By JOSEPH E. DYNAN STRASBOURG, France — (AP) — Western Europe has its own international judicial watchdog — the European Court of Human Rights. Roughly comparable to the U.S. Supreme Court, the European tribunal was set up to make sure governments observe a citizen's basic human rights. Still in its infancy, the European court has thus far actually tried and ruled on only one case. But its existence has influenced governments to be more attentive to constitutional guarantees. Moreover, the whole complex court machinery is designed to eliminate complaints, and one is heard only as a last resort. The one case ruled upon was brought by an Irish national, Gerard Richard Lawless, against his own government. He accused Dublin authorities of violating the European Convention of Human Rights by detaining him without trial. The court eventually ruled last July against Lawless and in favor of Dublin. But the citizen's complaint was aired in court, and the Irish government had to appear at the defendant's table. The government successfully argued that Lawless' detention was legal because the country was under a state of emergency due to activities of the outlawed Irish Republican Army. Lawless was allegedly a member of the underground army. One other case, involving Austrian trial procedures in the conviction of four persons, has been cleared for presentation to the court, and may be heard in the coming year. ★ ★ ★ LAWYERS in Europe rated the Lawless case of great importance in the development of international law. The complaint of an individual against his own government had, for the first time, been heard by an international tribunal. The government had willingly acknowledged the tribunal's competence and had appeared to answer for its own actions. This unique tribunal is based on a treaty — the Convention of Human Rights and Fundamental Freedoms — written during the first session of the Council of Europe's consultative assembly in 1949. The court was established several years later. The rights covered by the convention may be compared with the American "Bill of Rights" in the first 10 amendments to the U.S. Constitution. They include free speech, freedom of religion, voting rights, habeas corpus, and a full and fair public trial by jury. In signing the treaty, the nations pledged to observe this list of basic rights. The court was set up to see that the governments kept their word. Any signatory state can cite another for alleged violations of this code and bring the offending regime into court. In addition, under certain circumstances, any aggrieved citizen can cite his own government, and make it explain or mend its conduct. THE COURT, which sits in Strasbourg, consists of one judge from each of the Council of Europe's 15 member-states. When one government accuses another, the case may be sent to the foreign ministers, who are expected to try to bring the two sides together. But if the plaintiff government persists it may take the case into court. With certain reservations a signatory nation must abide by the court's decisions. If it refuses to comply, the court may refer the decision to the foreign ministers, who may take political sanctions against the offender.

MAILBOX

EDITOR: Your article on Michael Commini in the Jan. 4 edition was most commendable. You pointed out that he won the Singer of the Year Award, (classical division). You also should know that he won it over more than 45 other singers. We in the Conservatory feel that Mr. Commini has an excellent voice and that with the added push of some interested individual or group he could become a worthy addition to our Coral Gables cultural growth. Michael needs a sponsor to continue his vocal work. He has no money of his own to pay for the added expenses. This would be a worthy project for some dedicated person or group. Michael is also available for singing engagements, and anyone desiring his services can call me at the Miami Conservatory and we will see that he is contacted. Most sincerely, Roy Oliver, Director Modern Music Department Miami Conservatory

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