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CASE OF LÁSZLÓ MAGYAR v. HUNGARYPARTIALLY DISSENTING OPINION OF JUDGE LEMMENS

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Document date: May 20, 2014

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CASE OF LÁSZLÓ MAGYAR v. HUNGARYPARTIALLY DISSENTING OPINION OF JUDGE LEMMENS

Doc ref:ECHR ID:

Document date: May 20, 2014

Cited paragraphs only

PARTIALLY DISSENTING OPINION OF JUDGE LEMMENS

1. I voted with my colleagues that there has been a violation of Articles 3 and 6 § 1 of the Convention. I also fully agreed that the finding of a violation constitutes sufficient just satisfaction in respect of the violation of Article 3 of the Convention.

2. I voted against the majority in its award of non-pecuniar y damages on account of the violation of Article 6 § 1. The applicant has been convicted of many serious offences , including three homicides, robberies, infringements of personal liberty and assaults causing grievous bodily harm. In these circumstances, I do not consider it appropriate to make an award for non-pecuniary damage. In my view, the Court ’ s finding constitutes sufficient just satisfaction for the violation of the reasonable-time requirement, too .

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