Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation 4.1.4 Permissible derogations from legal obligations Although differing in some respects from article 4 of the International Covenant on Civil and Political Rights and article 27 of the American Convention on Human Rights, article 15 of the European Convention provides for the possibility of derogations from legal obligations in exceptional situations. In general terms, the conditions are the following: v the condition of exceptional threat: a High Contracting Party may resort to derogations “in time of war or other public emergency threatening the life of the nation”. The European Court has interpreted this to mean that the High Contracting Party must face an “exceptional” and “imminent” “situation of crisis or emergency which affects the whole population and constitutes a threat to the organised life of the community of which the State is composed”.48 In the Greek case, the Commission specified that “the crisis or danger must be exceptional, in that the normal measures or restrictions, permitted by the Convention for the maintenance of public safety, health and order, are plainly inadequate”.49 The Court has, moreover, granted Governments a “wide margin of appreciation” in deciding whether they are faced with a public emergency within the meaning of article 15(1).50 However, in exercising its supervision, the Court “must give appropriate weight to such relevant factors as the nature of the rights affected by the derogation, the circumstances leading to, and the duration of, the emergency situation”;51 v the condition of non-derogability of certain obligations: according to article 15(2) of the Convention the following articles cannot be derogated from: article 2 (the right to life), “except in respect of deaths resulting from lawful acts of war”; article 3 (freedom from torture); article 4(1) (freedom from slavery and servitude); and article 7 (no punishment without law). Finally, following the entry into force of Protocols Nos. 6 and 7, no derogations can be made from the provisions concerning the abolition of the death penalty and protection against double jeopardy; v the condition of strict necessity: according to article 15(1), a High Contracting Party may only “take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation”. The European Court of Human Rights has held that the High Contracting Parties also enjoy a “wide margin of appreciation” in deciding “how far it is necessary to go in attempting to overcome the emergency”;52 however, the decisions taken by the domestic authorities are always subjected to supervision at the European level;53 v the condition of consistency with other international legal obligations: the measures of derogation taken by the High Contracting Party must not be “inconsistent with its other obligations under international law”. In the case of 48 Eur. Court HR, Lawless Case (Merits), judgment of 1 July 1961, Series A, No. 3, p. 56, para. 28. The term “imminent” is only present in the French text of the judgment; both texts are equally authentic. 49 Eur. Comm. HR, Greek case, Report of the Commission, 12 Yearbook, p. 72, para. 152; emphasis added. 50 Eur. Court HR, Brannigan and McBride judgment of 26 May 1993, Series A, No. 258-B, p. 49, para. 43. 51 Ibid., p. 49, para. 43 at p. 50. 52 Ibid., p. 49, para. 43. 53 Ibid., pp. 49-50, para. 43. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 99