TSIRLIS and KOULOUMPAS v. GREECEPARTIALLY DISSENTING OPINION OF MR. G. RESS
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Document date: March 7, 1996
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PARTIALLY DISSENTING OPINION OF MR. G. RESS
In this case I have voted for a violation of Article 9 alone
since, in my view, the complaints raised by the applicants are not
wholly dealt with in the context of discrimination. A conclusion of no
separate issue arises when the complaint in question is covered by a
finding of a violation of another provision, or a combination of other
provisions, of the Convention. Where the interference in religious
freedom essentially results from discrimination, a finding of a
violation of Article 14 in conjunction with Article 9 is sufficient.
In the present case, discrimination has been established. However, not
every infringement of the right of religion, or of the other rights
contained in the Convention, can be characterised as consisting only
of discrimination: such an interpretation would impose a subsidiary and
negligible role on the other rights guaranteed under the Convention.
Where, as in this application, the infringement is of a grave nature
and specifically directed against the exercice of a right by a
particular applicant, issues must be acknowledged as arising in
addition to a finding of a violation of Article 14. Consequently, since
it appears that in this case the ministers ot the Jehovah's Witnesses
are the specific target ot the military authorities, there is a further
and separate violation of Article 9.