CASE OF BALOGH AND OTHERS v. SLOVAKIAPARTLY DISSENTING OPINION OF JUDGE POLÁČKOVÁ JOINED BY JUDGES JÄDERBLOM AND LUBARDA
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Document date: August 31, 2018
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PARTLY DISSENTING OPINION OF JUDGE POLÁČKOVÁ JOINED BY JUDGES JÄDERBLOM AND LUBARDA
To our regret, we have been unable to vote with the majority on the question of the amount of the just satisfaction awarded in respect of non ‑ pecuniary damage in this case and in the case of Engelhard v. Slovakia (no. 12085/16).
Both cases are essentially the same in that they involve an aspect that is purely individual (the length of the applicants ’ proceedings from the point of view of Article 6 § 1 of the Convention ) and an aspect that has additional systemic features (the lack of an effective remedy from the point of view of Article 13 of the Convention).
Under Article 41 of the Convention, subject to other conditions, the Court affords just satisfaction to the injured party “if necessary”.
In our opinion, the systemic aspect of both cases is sufficiently addressed by the finding of a violation. We therefore consider the amount awarded in just satisfaction unnecessarily high, both in absolute and relative terms.
APPENDIX
List of applicants
1. Mr Zoltán Balogh was born in 1961 and lives in Kolárovo
2. Ms Mária Bezúrová was born in 1940 and lives in Kolárovo
3. Ms Terézia Csenteová was born in 1921, died in 2016, and lived in Kolárovo
4. Ms Cecília Csontosová was born in 1943 and lives in Kolárovo
5. Ms Mária Csontosová was born in 1938 and lives in Kolárovo
6. Ms Edita Donková was born in 1958 and lives in Kolárovo
7. Ms Kat a rína Erdélyiová was born in 1944 and lives in Komárno
8. Mr Ján Fekete was born in 1942 and lives in Kolárovo
9. Mr Jozef Fekete was born in 1958 and lives in Kolárovo
10. Mr Imrich Fekete was born in 1946 and lives in Zemné
11. Ms Magdaléna Feketeová was born in 1960 and lives in Kolárovo
12. Ms Edita Förd ő sová was born in 1959 and lives in Kolárovo
13. Mr Štefan G ő gh was born in 1933 and lives in Kolárovo
14. Mr Vojtech G ő gh was born in 1944 and lives in Kolárovo
15. Ms Margita Hegyiová was born in 1933 and lives in Kolárovo
16. Mr Alexander Horváth was born in 1947 and lives in Kolárovo
17. Ms Terézia Horváthová was born in 1937 and lives in Kolárovo
18. Ms Serena Jirková was born in 1931and lives in Hurbanovo
19. Ms Alžbeta Kériová was born in 1949 and lives in Kolárovo
20. Ms Irena Kissová was born in 1942 and lives in Komo č a
21. Ms Juliana Kósová [1] was born in 1933 , died in 2016, and live d in Kolárovo
22. Ms Mária Mészárosová was born in 1948 and lives in Kolárovo
23. Mr Ladislav Molnár was born in 1932 , died in 2017, and live d in Kolárovo
24. Ms Mária Molnárová was born in 1940 and lives in Kolárovo
25. Ms Helena Morovičová was born in 1951 and lives in Kolárovo
26. Mr Alexander Nagy was born in 1958 and lives in Kolárovo
27. Ms Terézia Nagyová was born in 1939 and lives in Kolárovo
28. Mr Imrich Ollé [2] was born in 1941 , died in 2018, and live d in Kolárovo
29. Mr Imrich Ő szi was born in 1928 and lives in Kolárovo
30. Ms Margita Švajdová was born in 1951 and lives in Nové Zámky
31. Mr Koloman Szabó [3] was born in 1941 , died in 2017, and live d in Kolárovo
32. Ms Alžbeta Szabóová was born in 1940 and lives in Kolárovo
33. Ms Magdaléna Szabóová was born in 1959 and lives in Kolárovo
34. Ms Margita Szabóová was born in 1939 and lives in Kolárovo
35. Mr František Szépe was born in 1952 and lives in Kolárovo
36. Mr Koloman Szépe [*] was born in 1958, died in 2016, and lived in Kolárovo
37. Mr Ladislav Szépe was born in 1953 and lives in Kolárovo
38. Mr Peter Tánczos was born in 1955 and lives in Kolárovo
39. Mr Tibor Tánczos was born in 1953 and lives in Kolárovo
40. Ms Katarína Tánczosová was born in 1958 and lives in Kolárovo
41. Ms Mária Tánczosová [4] was born in 1935 , died in 2018, and live d in Kolárovo
42. Ms Terézia Tánczosová was born in 1930 and lives in Kolárovo
43. Mr Jozef Telekes was born in 1980 and lives in Kolárovo
44. Ms Alžbeta Telekesová was born in 1974 and lives in Kolárovo
45. Ms Zuzana Telekesová was born in 1977 and lives in Kolárovo
46. Mr Ján Tóth was born in 1948 and lives in Kolárovo
47. Ms Rozália Tóthová was born in 1954 and lives in Kolárovo
48. Mr Alexander Varga was born in 1953 and lives in Kolárovo
49. Ms Margita Vermesová [5] was born in 1937 , died in 2018, and live d in Zemianska Ol č a
50. Mr Arpád Nagy was born in 1967and lives in Kolárovo
51. Ms Alžbeta Forróová was born in 1962 and lives in Kolárovo
[1] the application brought by M s J. K ósová is continued by Mr Pavol Kóša , who was born in 1953 and lives in Kolárovo .
[2] the application brought by Mr I. Ollé is continued by Ms Jolana Olléová , Ms Klára L ő rincz , Ms Marta Vargová and Mr. Róbert Ollé , who were born in 1947, 1967, 1968 and 1976, and live in Kolárovo , Nové Zámky , Kolárovo and Kolárovo , respectively. The amount specified in paragraph 74 of the text and ruling 7(a) of the operative part of this judgment is awarded to them jointly.
[3] the application brought by Mr Koloman Szabó is continued b y Ms Alžbeta Szabóová and Mr Koloman Szabó , who were born in 1945 and 1986, respectively, and live in Kolárovo . The amount specified in paragraph 74 of the text and ruling 7(a) of the operative part of this judgment is awarded to them jointly.
[*] the application brought by Mr K. Szépe is continued by Mr Anton Szépe , who was born in 1954 and lives in Kolárovo .
[4] the application brought by Ms M. Tánczosová is continued by Mr Peter Tánczos and Ms Annamária Hencz , who were born in 1958 and 1960 and live in Kolárovo and Veľký Meder , respectively. The amount specified in paragraph 74 of the text and ruling 7(a) of the operative part of this judgment is awarded to them jointly.
[5] the application brought by Ms M. Vermesová is continued by Ms Teréz Vermes and Messrs István Vermes and Vilmos Vermes, who were born in 1958, 1962 and 1967, and live in Komárno , Kolárovo and Bozianske Lúky , respectively. The amount specified in paragraph 74 of the text and ruling 7(a) of the operative part of this judgment is awarded to them jointly.
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