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KLASS v. GERMANYCONCURRING OPINION BY Mr. E. BUSUTTIL

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Document date: May 21, 1992

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KLASS v. GERMANYCONCURRING OPINION BY Mr. E. BUSUTTIL

Doc ref: • ECHR ID:

Document date: May 21, 1992

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DISSENTING OPINION BY Mr. M.P. PELLONPÄÄ

I consider that, in respect of the first applicant, there was a

violation not of Article 3 but of Article 8 of the Convention for the

reasons indicated in the dissenting opinion of Mr. Nørgaard and others.

CONCURRING OPINION BY Mr. E. BUSUTTIL

I have voted for a violation of Article 3 in this case on the

basis that the first applicant's treatment by the police amounted to

degrading treatment.

In my view, the treatment accorded to her did not attain the

level of severity required to bring it within the ambit of inhuman

treatment as interpreted in the case-law of the Convention organs. On

the other hand, it is clear to me that she was subjected to humiliating

treatment in the presence of her eight-year-old daughter and eventually

hand-cuffed for resisting the police, which the Detmold Public

Prosecutor's Office later considered to be a minor offence attracting

no public interest in prosecution.

APPENDIX I

HISTORY OF PROCEEDINGS

Date Item

_________________________________________________________________

11 July 1989 Introduction of the application

11 September 1989 Registration of the application

Examination of admissibility

14 February 1990 Commission's decision to invite

the Government to submit observations

on the admissibility and merits of

the application

28 May, 22 August 1990 Government's observations

28 August 1990 Applicant's observations in reply

7 March 1991 Commission's decision to hold an oral

hearing

9 July 1991 Oral hearing on admissibility and

merits, Commission's decisions to

declare the application admissible

and that no action is required with

regard to complaint under

Article 25 para. 1 in fine of the

Convention

Examination of the merits

18 July 1991, ) Commission's consideration of the

4 April 1992 ) state of proceedings

12 May 1992 Commission's deliberations on the

merits and final votes

21 May 1992 Adoption of the Report

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