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CASE OF BELOUSOV v. RUSSIACONCURRING OPINION OF JUDGE KALAYDJ I EVA

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Document date: October 2, 2008

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CASE OF BELOUSOV v. RUSSIACONCURRING OPINION OF JUDGE KALAYDJ I EVA

Doc ref:ECHR ID:

Document date: October 2, 2008

Cited paragraphs only

CONCURRING OPINION OF JUDGE KALAYDJ I EVA

I voted with the majority in finding violations under Article 3 and Article 5 of the Convention - on account of the applicant ’ s unacknowledged detention. A further scrutiny of the complaints in regard of the purpose, lawfulness, length and necessity of the applicant ’ s detention could have offered the Court another - and maybe more important - ground for finding a violation of the applicant ’ s person al liberty. The Court thus left open the question of the compatibility of the applicant ’ s arrest with any of the exceptions list ed restrictively in Article 5 § 1 of the Convention.

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