CASE OF ZDJELAR AND OTHERS v. CROATIAPARTLY DISSENTING AND PARTLY CONCURRING OPINION OF JUDGE WOJTYCZEK
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Document date: July 6, 2017
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PARTLY DISSENTING AND PARTLY CONCURRING OPINION OF JUDGE WOJTYCZEK
The present application pertains to offences which were committed before the entry into force of the Convention in respect of Croatia. I have voted against the admissibility of the application because, in my view, the Convention does not impose on a High Contracting Party the obligation to investigate events which predate the entry into force of this instrument in respect of the given State. In other words, the case remains outside the temporal scope of application of the Convention. I have explained in detail my position on this issue in my separate opinions to the judgments in the cases of Janowiec and Others v. Russia ([GC], nos. 55508/07 and 29520/09 , ECHR 2013) and Mocanu and Others v. Romania ( [GC], nos. 10865/09 and 2 others, ECHR 2014 (extracts) ).
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