CASE OF ECATERINA MIREA AND OTHERS v. ROMANIADISSENTING OPINION OF JUDGE WOJTYCZEK
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Document date: April 12, 2016
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DISSENTING OPINION OF JUDGE WOJTYCZEK
I have voted against finding a violation in the instant case for the reasons explained in detail in my separate opinions 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, 45886/07 and 32431/08 , ECHR 2014 (extracts)). In my opinion, the respondent State is under no obligation to investigate events pre-dating the entry into force of the Convention in respect of that State.
[1] Rectified on 7 December 2016: the text was “ Alexandra Ioana BENDORFEAN”
[2] Rectified on 7 December 2016: the text was “ Cristina CONSTANTIN” .
[3] Rectified on 7 December 2016: the text was “21/11/1984 ” .