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CASE OF THOMA v. LUXEMBOURGPARTLY DISSENTING OPINION OF JUDGE BONELLO

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Document date: March 29, 2001

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CASE OF THOMA v. LUXEMBOURGPARTLY DISSENTING OPINION OF JUDGE BONELLO

Doc ref:ECHR ID:

Document date: March 29, 2001

Cited paragraphs only

PARTLY DISSENTING OPINION OF JUDGE BONELLO

(Translation)

I do not share the majority’s opinion that the finding of a violation of Article 10 of the Convention constitutes in itself sufficient just satisfaction for the applicant’s alleged non-pecuniary damage. I consider that such a “denial of a remedy” is unsatisfactory whatever the court of justice concerned. Moreover, it is inconsistent with the terms of the Convention, as I explained in detail in my partly dissenting opinion in Aquilina v. Malta ([GC], no. 25642/94, ECHR 1999-III).

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