be treated as though they belonged thereto. That, in the
opinion of the Court, is. a consequence which the contracting
Parties accepted in order to avoid the much greater disadvantages which would arise from verification or dispute by the
authorities. If, according to what has been stated above, a
declaration which clearly does not conform to the facts is to
be considered as not in conformity with the Geneva Convention, it does not follow, as the Polish Government appears to
maintain, that the prohibition to verify 'or dispute ceases
to be applicable in such a case. The prohibition which is
expressed in unqualified terms cannot be subject to any
restriction. But it must not be inferred from this that the
construction given above, according to which the declaration
must on principle be in conformity with the facts, is therefore
of -no value. I t is indeed of some importance to establish
what is the situation at law.
Turning, then, to the second contention advanced by the
German Government, the Court recalls that this contention
implies that persons legally responsible for the education of a
pupil or a child have unfettered liberty "to choose the language
of instruction and the corresponding school for such pupil or
child, subject to no verification, dispute, pressure or hindrance
on the part of the authorities".
The provisions which the German Government invoked in
support of the contention are, in addition to Article 74, the
interpretation of which .the Court has given above, Articles 106
and 131 of the Geneva Convention, the terms of which are
as 'f ollows :
,
"Article 106.
I. - Il sera créé une école minoritaire, sur la demande
d'un ressortissant, appuyée par les personnes légalement
responsables de l'éducation d'au moins quarante enfants
d'une minorité de langue, à condition que ces enfants
soient ressortissants de YEtat, appartiennent à une même
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