JOINT CONCURRING OPINION OF JUDGES POPOVIĆ AND SAJÓ

We agree with the majority ’ s findings, as well as with the operative provisions in this case, except on one point: the amounts of money awarded to the applicants in just satisfaction.

The amount awarded to each applicant in just satisfaction in part 3 of the Operative Part of the judgment is EUR 20.000. The sums thus awarded take into account neither the gravity of the injuries suffered by each applicant nor the respective periods for which they were unable to work. It is true that the sums awarded are intended to repair the violations of their human rights, in the sense that they are meant to cover non-pecuniary damage. However, we find it indispensable to consider the amount of suffering inflicted on the applicants when awarding just satisfaction, especially in a situation such as the present one, where the only information available relating to the inhuman and degrading treatment (including, for example, the anxiety and helplessness the prisoners must have felt) concerns the gravity of the injuries. Those who suffered less should be awarded a smaller sum than those who suffered more.

We are aware that the Court ’ s practice when applying Article 41 of the Convention has so far been averse to such distinctions, but at the same time we find it appropriate to draw the attention of our colleagues to this particular matter, which we feel calls for future reflection.

[1] . For details of the incidents at Ulucanlar Prison referred to by the applicants , see Kavaklıoğlu and 73 others v. Turkey (dec.) , no. 15397/02 , 5 January 2010.