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CASE OF BUKHARATYAN v. ARMENIADISSENTING OPINION OF JUDGE GYULUMYAN

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Document date: January 10, 2012

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CASE OF BUKHARATYAN v. ARMENIADISSENTING OPINION OF JUDGE GYULUMYAN

Doc ref:ECHR ID:

Document date: January 10, 2012

Cited paragraphs only

DISSENTING OPINION OF JUDGE GYULUMYAN

The instant application was lodged at the same time as Bayatyan v. Armenia (GC, no. 23459/03, 7 July 2011) and raises the same issue under Article 9 of the Convention.

In the case of Bayatyan the Grand Chamber voted in favour of finding a violation of the above-said Article, and in the present case the majority of the Chamber followed the same approach.

For the reasons set out in my detailed dissenting opinion in Bayatyan , I voted against the majority on the admissibility and merits of the claim, and so I did the same in the present case.

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