CONCURRING OPINION OF JUDGE PINHEIRO FARINHA

(Translation)

1.   I concur in the result.

2.   I cannot endorse the view that Switzerland ’ s declaration of interpretation of Article 6 (art. 6) of the Convention "can be understood as constituting a reservation".

Switzerland deposited reservations and declarations on the same day, in a single instrument of ratification. I do not think that it wished to give the same weight and intent to both categories. It did two different things.

CONCURRING OPINION OF JUDGE DE MEYER

(Translation)

I should like briefly to explain my vote as regards the preliminary objection, which I, like all my colleagues, reject.

The object and purpose of the European Convention on Human Rights is not to create, but to recognise, rights which must be respected and protected even in the absence of any instrument of positive law.

It is difficult to see how reservations can be accepted in respect of provisions recognising rights of this kind. It may even be thought that such reservations, and the provisions permitting them, are incompatible with the ius cogens and therefore null and void, unless they relate only to arrangements for implementation, without impairing the actual substance of the rights in question.

This is the only spirit in which Article 64 (art. 64) of the Convention should be interpreted and applied; at most, that Article (art. 64) may allow a State to give itself, as a purely temporary measure, "at the time of" the signature or ratification of the Convention, a brief space in which to bring into line any laws "then in force in its territory" which do not yet sufficiently respect and protect the fundamental rights recognised in the Convention.

[*]  Note by the Registrar: The case is numbered 20/1986/118/167.  The second figure indicates the year in which the case was referred to the Court and the first figure its place on the list of cases referred in that year; the last two figures indicate, respectively, the case's order on the list of cases and of originating applications (to the Commission) referred to the Court since its creation.