Deportation (Greece) Case

• Jurisdiction: Grecia
• Date: 01 January 1954
• Court: Council of State (Greece)

Greece, Conseil d'État.

Deportation (Greece) Case.

International Law — Relation to Municipal Law — Treaties — Supremacy of Prior Municipal Law.

Treaties — Operation and Enforcement of — Supremacy of Prior Municipal Law.

Human Rights and Freedoms — Rome Convention of 1950 — Deportation for Rebellion under Municipal Law Enacted Prior to Convention.

The Facts.—Article 5 of the International Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on November 4, 1950 (ratified and given legal force by Law No. 2329 of 1953), provides in part as follows:

” Article 15 of the Convention provides in part as follows:

This was an appeal against a sentence of deportation for the crime of rebellion, on the ground that it was a deprivation of liberty contrary to Article 5 of the Rome Convention.

Held: that the appeal must fail. The sentence of deportation did not contravene the Rome Convention.

The Court said: “Deportation by administrative act, which Decree-Law No. 687 of 1948 expressly describes as being justified in a case of rebellion, which is clearly a public emergency threatening the...