DISSENTING OPINION OF JUDGE PINHEIRO FARINHA

(Translation)

I cannot agree with the majority.

1.   I consider that the Federal Police Office ’ s opinion was the counterpart of the reasons put forward by the detainee in support of his application for release, such that equality of arms was ensured. It is unthinkable that pleadings should be exchanged indefinitely.

2.   I hold that there was no failure to take decisions speedily: the applicant ’ s detention was lawful in itself and the fact that the proceedings were being taken with a view to extradition justified making a more thorough appraisal than usual.

3.   Having concluded that there was no breach of Article 5 para. 4 (art. 5-4) of the Convention, I do not consider it logical that the applicant should, in the same judgment, be granted just satisfaction.

[*]  Note by the Registrar: The case is numbered 4/1985/90/137.  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.