PARTLY DISSENTING OPINION OF JUDGE ZIEMELE

1. I fully agree with the finding of a violation in this case. The Court has rendered a very important judgment on a matter of principle, since secret surveillance as carried out in the manner described in the facts of the case is, in its very essence, incompatible with the rule of law and the principles of democracy.

2. It is especially in such a context that I cannot agree with the Court’s decision not to award any compensation for the non-pecuniary damage sustained. I consider that the applicant’s claim for damages was very reasonable (see paragraph 309 of the present judgment) and that the finding of a violation, while very important as a matter of principle in this case, is not appropriate satisfaction for the applicant’s specific situation. I therefore voted against operative provision no. 4.