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CASE OF ANAHIT MKRTCHYAN v. ARMENIAD I SSENTING OPINION OF JUDGE WOJTYCZEK

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Document date: May 7, 2020

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CASE OF ANAHIT MKRTCHYAN v. ARMENIAD I SSENTING OPINION OF JUDGE WOJTYCZEK

Doc ref:ECHR ID:

Document date: May 7, 2020

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D I SSENTING OPINION OF JUDGE WOJTYCZEK

I have explained in detail my views concerning the temporal scope of application of the Convention in my separate opinions appended to the judgments in the cases of Janowiec and Others v. Russia , applications nos. 55508/07 and 29520/09 , 21 October 2013, as well as Mocanu and Others v. Romania , Applications nos. 10865/09, 45886/07 and 32431/08), 17 September 2014. It is not necessary to express them again in the instant opinion.

In the instant case, the death of the applicant ’ s son occurred on 30 October 2001, i.e. before the date of the entry into force of the Convention in respect of Armenia (26 April 2002). For this reason the application should have been rejected as inadmissible. For the same reason the respondent State cannot be held responsible for a violation of Article 2 of the Convention . The approach adopted by the majority, which follows the case-law of the Court established in recent years, amounts to a retroactive application of the Convention.

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