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CASE OF MESSINA v. ITALY (No. 2)PARTLY DISSENTING OPINION OF JUDGE BONELLO

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Document date: September 28, 2000

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CASE OF MESSINA v. ITALY (No. 2)PARTLY DISSENTING OPINION OF JUDGE BONELLO

Doc ref:ECHR ID:

Document date: September 28, 2000

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PARTLY DISSENTING OPINION OF JUDGE BONELLO

(Translation)

I do not agree with the majority's conclusion that the finding of violations of Articles 8 and 13 of the Convention in itself constitutes sufficient just satisfaction for the non-pecuniary damage alleged by the applicant. I consider that such “non-redress” is inadequate whatever the court of justice concerned, and is in addition in contradiction with the terms of the Convention, as I have explained in detail in my partly dissenting opinion in Aquilina v. Malta ([GC] no. 25642/94, ECHR 1999-III).

[Note1] To be checked.

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