PARTLY DISSENTING OPINION OF JU DGE LEMMENS

(Translation)

1. The significance of the present judgment extends far beyond the case of the three applicants. Even though it concerns facts dating from a specific period in the past, 17 to 29 September 2011, its lessons remain highly relevant today .

I fully agree with all the findings concerning the applicants ’ complaints .

2. With regret , however, I am unable to follow my colleagues in the majority in de termin ing the amount of just satisfaction awarded to the applicants . The judgment awards each applicant the sum of 10 , 000 euros, making a total of 30 , 000 euros ( see paragraph 191 of the judgment ).

Such amounts are, in my opinion, excessive . To prevent just satisfaction from taking on the appearance of a system of punitive damages, it would be appropriate, in my view, to give greater consideration to the actual situation of the victims . I believe that the majority have failed to take sufficiently into account the fact that these are individuals living in Tunisi a , a country where much more can be done with 10 , 000 euros than would be the case , for example, i n Ital y [4] .

[1] The terms “collective expulsion” and “mass expulsion” are often used interchangeably, although the former emphasises non-individua lisa tion, while the latter refers to the scale of the expulsion. See International Law Commission , Fifty-eighth session , Geneva, 1 May-9 June and 3 July-11 August 2006 , “ Expulsion of aliens ”, Memorandum by the Secretariat , § 985 (a vailable at: http://legal.un.org/ilc/documentation/english/a_cn4_565.pdf ).

[2] Jean-Marie Henckaerts , Mass Expulsion in Modern International Law and Practice , Martinus Nijhoff , The Hague: 1995 , p. 11. The book contains a list of collective or mass expulsions, refer ring to, from earlier history: “the expulsion of the Jews from England in 1290, the expulsion of the Jews from Spain in 1492, the expulsion of Moslems from Spain in 1610, the expulsion of the Huguenots from France in 1685, the expulsion of Protestants from Salzburg in 1731, the expulsion of Jews from Bohemia in 1744, the expulsion of Spaniards from Mexico around 1830, the expulsion of Armenians from the Ottoman empire (Turkish Armenia) in 1915-1916, and the expulsion of Jews from Nazi Germany in the period up to 1939” (p . 2) . From the p ost-W orld W ar Two period, Henckearts cites the removal of e thnic Germans from Eastern Europe in 1945-1949, expulsion of Poles from Ukraine, Belarus, and Lithuania in 1946-1949 , many expulsions of population groups from Africa and the Middle East throughout the 1960 s -1980s, and ethnic expulsions in the former Yugoslavia in the 1990s (p . 205).

[3] See ILC, “ Expulsion of aliens ”, Memorandum by the Secretariat , op. cit. , § 990.

[4] According to the International Monetary Fund’s World Economic Outlook Database of April 2015, the Gross domestic product based on purchasing-power-parity (PPP) per capita GDP at constant prices , was 35,811.443 US dollars for Italy and 11,623.652 US dollars for Tunisia (source : http://www.imf.org/external/pubs/ft/weo/2015/01/weodata/index.aspx ).