Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation Brannigan and McBride, the European Court of Human Rights had to examine whether the United Kingdom Government had fulfilled the requirement of “official proclamation” under article 4(1) of the International Covenant on Civil and Political Rights; it did so without seeking to define authoritatively the meaning of the terms “officially proclaimed” in article 4 of the Covenant; yet it had to examine whether there was “any plausible basis for the applicant’s argument” that this condition had not been complied with;54 v the condition of non-discrimination: it is noteworthy that article 15 of the European Convention contains no specific prohibition of discrimination, and that this condition is thus exclusively regulated by article 14; v the condition of international notification: the High Contracting Party availing itself of the right to derogate “shall keep the Secretary-General of the Council of Europe fully informed of the measures” taken and of “the reasons therefor”; it shall also inform him “when such measures have ceased to operate and the provisions of the Convention are again being fully executed”; if need be, the European Court of Human Rights examines proprio motu whether this condition has been complied with.55 When derogating from their obligations under article 15 of the European Convention on Human Rights, the High Contracting Parties must comply with: l the condition of exceptional threat; l the condition of non-derogability of certain obligations; l the condition of strict necessity; l the condition of consistency with other international obligations; and l the condition of international notification. 4.1.5 The implementation mechanism As from 1 November 1998, when the restructuring of the control machinery established under the Convention entered into force, all alleged violations of the rights and freedoms guaranteed by the Convention and its Protocols are referred directly to the European Court of Human Rights, which shall “ensure the observance of the engagements undertaken by the High Contracting Parties” (art. 19). The Court is permanent, and consists of a number of judges equal to that of the Contracting Parties, that is, 43 as of 30 April 2002 (art. 20). The Court can sit in committees of three judges, in Chambers of seven judges or in a Grand Chamber of seventeen judges (art. 27(1)). Apart from being competent to receive and examine inter-State complaints (art. 33), the Court “may receive applications from any person, non-governmental organization or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols 54 Ibid., p. 57, para. 72. 55 See e.g. Eur. Court HR, Case of Ireland v. the United Kingdom, judgment of 18 January 1978, Series A, No. 25, p. 84, para. 223. 100 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

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