Re Application No. 214/56 (De Becker v. Belgium).

Abstract

State responsibility — For breaches of treaty obligations — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950 — Individual applications — Exhaustion of local remedies — Appeal open — Relevance of absence of prospect of success — Relevance of existence of alternative remedy — Duty to lodge claims within reasonable time

Treaties — Conclusion of — Entry into force — Applicability to events occurring before entry into force — Principle that treaties have no retrospective effect — Continuing nature of unlawful act — European Convention for Protection of Human Rights and Fundamental Freedoms, 1950.

Treaties — Interpretation of — Principles of — Grammatical interpretation — Restrictive interpretation of exceptions — Consideration of preparatory work — European Convention on Human Rights, 1950.

The individual in international law — Human rights and freedoms — European Convention for Protection of — European Human Rights Commission — Individual applications — Right of individual to reside in his own country — Freedom of expression — Retroactivity of penal legislation — Competence ratione temporis — Continuing violations — Compatibility of existing legislation with provisions of Convention — Exhaustion of local remedies — Concept of ordinary remedy — Insufficient remedy — Six months' period for application to Commission — Retroactive interpretation — Meaning of term “manifestly ill-founded” — Concept of prima facie violation — Limited power of Commission to examine substance in deciding admissibility.