SEPARATE OPINION OF JUDGES GANSHOF VAN DER MEERSCH AND EVRIGENIS

(Translation)

Since we are of the view that Mr. de Wit, Mr. Dona and Mr. Schul should not be afforded "just satisfaction" within the meaning of Article 50 (art. 50) of the Convention, we have voted for item 2 of the operative provisions of the judgment. Nevertheless, we have some difficulty in concurring with the reasoning by which the Court arrived at that result. Our reasons are as follows:

According to Article 50 (art. 50) of the Convention, the Court shall afford, on the conditions laid down in that provision, "just satisfaction" to the injured party if it finds a breach of the Convention. It seems difficult to accept the proposition that the finding by the Court of a breach of the substantive provisions of the Convention, whilst constituting a condition for the application of Article 50 (art. 50), can at the same time be the consequence in law following from that same provision.

SEPARATE OPINION OF JUDGE BINDSCHEDLER-ROBERT

(Translation)

The view, expressed in my separate opinion, that the reckoning of detention on remand as part of the sentence had amounted to complete redress expunging the responsibility of the State was based on the premise that the breach had consisted solely of the prolongation of the detention on remand beyond the period of twenty-four hours allowed by Netherlands law. The Court has held that the detention on remand was unlawful on two grounds and amounted in its entirety to a breach of the Convention. Accordingly, viewing the matter in this other way and also bearing in mind the point of time at which the detention occurred (a few days before the examinations that Mr. Engel had to take), I readily concede that the reckoning did not amount to full redress and that, in addition to the finding of the violation of the Convention of which he was victim, Mr. Engel should therefore be afforded an indemnity by way of satisfaction for the moral damage suffered.