--CCPR/C/79/Add.76, para. 38 (1997). ***** [The Human Rights Committee] is … concerned that courts do not have the power to examine the legality of the declaration of emergency and of the different measures taken during the state of emergency. --CCPR/C/79/Add.56, para. 13 (1995). European Court of Human Rights Necessity The Court recalls that it falls to each Contracting State, with its responsibility for "the life of [its] nation", to determine whether that life is threatened by a "public emergency" and, if so, how far it is necessary to go in attempting to overcome the emergency.… Nevertheless, Contracting Parties do not enjoy an unlimited power of appreciation. It is for the Court to rule on whether inter alia the States have gone beyond the "extent strictly required by the exigencies" of the crisis. The domestic margin of appreciation is thus accompanied by a European supervision. At the same time, 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. --Brannigan and McBride v. The United Kingdom, ECHR, 26 May 1993 (para. 43). Non-derogable rights Article 15 paragraph 2 states that no derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made. Article 2, which safeguards the right to life and sets out the circumstances when deprivation of life may be justified, ranks as one of the most fundamental provisions in the Convention, to which no derogation is permitted. --Orhan v. Turkey, ECHR, 18 June 2002 (para. 325). ***** 23