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CASE OF BELUGIN v. RUSSIAJOINT DISSENTING OPINION OF JUDGES PINTO DE ALBUQUERQUE, ELÓSEGUI AND FELICI

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Document date: November 26, 2019

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CASE OF BELUGIN v. RUSSIAJOINT DISSENTING OPINION OF JUDGES PINTO DE ALBUQUERQUE, ELÓSEGUI AND FELICI

Doc ref:ECHR ID:

Document date: November 26, 2019

Cited paragraphs only

JOINT DISSENTING OPINION OF JUDGES PINTO DE ALBUQUERQUE, ELÓSEGUI AND FELICI

We regret that we cannot join the majority in holding that, in the circumstances of the present case, the finding of a violation constitutes sufficient just satisfaction for any non-pecuniary damage sustained by the applicant. We would award some damages to the applicant in view of his obvious suffering. This is in line with previous opinions expressed by several judges, both in Russian cases such as Urazbayev v. Russia , no. 13128/06, 8 October 2019, Gorlov and Others v. Russia , nos. 27057/06 and 2 others, 2 July 2019, and in non-Russian cases such as T.W. v. Malta [GC], no. 25644/94, 29 April 1999; Abdullah Yıldız v. Turkey, no. 35164/05, 26 April 2011; Murray v. the Netherlands [GC], no. 10511/10 , 26 April 2016; and, more recently, Oddone and Pecci v. San Marino , nos. 26581/17 and 31024/17, 17 October 2019.

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