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CASE OF VASILEVA v. DENMARKCONCURRING OPINION OF JUDGE TULKENS AND JUDGE ZAGREBELSKY

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Document date: September 25, 2003

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CASE OF VASILEVA v. DENMARKCONCURRING OPINION OF JUDGE TULKENS AND JUDGE ZAGREBELSKY

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Document date: September 25, 2003

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CONCURRING OPINION OF JUDGE TULKENS AND JUDGE ZAGREBELSKY

We voted with our colleagues for finding a violation of Article 5 §1 of the Convention and we can follow to a great extent the majority's reasoning. But, noting that the violation of section 750 of the Administration of Justice Act is punishable only with a fine, and sharing the opinion expressed by the City Court in its judgement of 25 September 1998 (see § 16), we would add that the disproportionate length of the applicant's detention made it illegal under section 755(4) of the said Act (see § 20).This consideration would have offered the Court a different and sufficient ground for finding a violation of article 5 § 1 of the Convention in the present case.

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