DISSENTING OPINION OF JUDGE PINHEIRO FARINHA

(Translation)

1.   I am unable to agree with the position adopted by my colleagues in paragraph 11 of the judgment.

2.   I share the view of the Delegate of the Commission that the applicants should have been awarded compensation. Under Article 5 para. 5 (art. 5-5) a "victim of arrest or detention in contravention of the provisions of [the] Article" must always be compensated.

In this instance "the applicants had no enforceable claim for compensation before the domestic courts for the breach of Article 5 para. 1 (art. 5-1)" (see paragraph 2 (d) of the Article 50 judgment). For this reason I consider that they should have been awarded some financial compensation for non-pecuniary damage.

[*]  Notes by the Registrar: The case is numbered 18/1989/178/234-236. The first number is the case's position on the list of cases referred to the Court in the relevant year (second number).  The last two numbers indicate the case's position on the list of cases referred to the Court since its creation and on the list of the corresponding originating applications to the Commission.

[*]   The amendments to the Rules of Court which entered into force on 1 April 1989 are applicable to this case.