DISSENTING OPINION OF MR. E. BUSUTTIL, MR. A.S. GÖZÜBÜYÜK,

        MRS. J. LIDDY, MR. J.-C. GEUS AND MR. I. CABRAL BARRETO

      We entirely agree with paragraphs 90 to 94 of the Report, which

led the majority to conclude that there was a violation of

Article 5 para. 3 of the Convention.

      Nonetheless, we voted against such a finding of violation because

the fact that the applicant left Spain in breach of a condition

attached to his provisional release and thereafter failed to return to

stand trial, was sufficient in our view to warrant the striking out of

the application from the Commission's list of cases in terms of

Article 30 para. 1 (c) of the Convention.

                                                         (Or. French)