PARTLY DISSENTING OPINION OF JUDGE Y Ü KSEL

I respectfully disagree with the Court ’ s decision to award the applicant a sum in respect of non-pecuniary damage under Article 41, as the domestic law (Article 375 § 1 ( i ) of the Code of Civil Procedure) allows for such reparation to be made by reopening the proceedings, in respect of which the Court has found the violation of the Convention. Consequently, the present judgment constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained.