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TSIRLIS and KOULOUMPAS v. GREECEPARTIALLY DISSENTING OPINION OF MR. G. RESS

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Document date: March 7, 1996

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TSIRLIS and KOULOUMPAS v. GREECEPARTIALLY DISSENTING OPINION OF MR. G. RESS

Doc ref:ECHR ID:

Document date: March 7, 1996

Cited paragraphs only

         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.

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