ABSTRACT

The dismissal of the proceedings in the domestic courts cleared the way for Lawless to initiate a complaint to the European Commission of Human Rights that his detention without trial breached the European Convention of Human Rights. The European Commission of Human Rights may only deal with the matter after all domestic remedies had been exhausted, according to the generally recognised rules of international law, and within a period of six months from the date on which the final decision was taken. Under the rules of procedure, as they then stood, the Commission appointed three of its members to carry out a preliminary examination as to a claim’s admissibility. A series of inter-departmental meetings was held with representatives from the Departments of the Taoiseach, External Affairs, Justice and Defence and the office of the Attorney General in early January 1958.