SEPARATE OPINION OF JUDGE PELLONPÄÄ

I voted against the finding of a violation in the case of Ezeh and Connors v. the United Kingdom ( [GC] , nos. 39665/98 and 40086/98, § 34, ECHR 2003-X), explaining my reasoning in a dissenting opinion. While I have not fundamentally changed my view, I feel bound by the precedent established by that Grand Chamber judgment and therefore have voted for a violation in the present case. I also agreed that there was no violation of Article 5 of the Convention. In addition to paragraphs 50-52 of the judgment in the present case, I would refer to paragraph 122 of the above-cited Ezeh and Connors judgment, according to which “[t]he legal basis for detention during those additional days continued ... to be the original conviction and sentence”. I take this to mean that the original conviction and sentence satisfied the requirement of Article 5(1) (a) that the deprivation of liberty results from “conviction by a competent court” and I could accept the finding of no violation of Article 5 also on this basis.

SEPARATE OPINION OF JUDGE MARUSTE

Feeling bound by the judgment of the Grand Chamber in the case of Ezeh and Connors v. the United Kingdom ( [GC] , nos. 39665/98 and 40086/98, § 34, ECHR 2003-X), I voted in favour of a violation in the present case. However, I remain in disagreement with the principal approach adopted by the Grand Chamber for the reasons set forth in the joint dissenting opinion in that case of Judge Zupančič and myself.