CONCURRING OPINION OF JUDGE ZIEMELE

I follow the Chamber ’ s reasoning on all of the substantive points. I also agree in substance that in this case no award in respect of non-pecuniary damage needed to be made. I cannot agree however with the language in paragraph 53 of the judgment and point 3 of the operative provisions, stating that the Court has decided not to award any compensation for non ‑ pecuniary damage as it considers that the finding of a violation is sufficient compensation.

On several occasions I have pointed out (see, for example, Dissenting opinion of Judges Ziemele and Karakaş in the case of Disk and Kesk v. Turkey , no. 38676/08, 27 November 2012) that in my view the Court ’ s approach in stating, from time to time, that a judgment declaring a violation is in itself a form of compensation is not compatible with the general principles of international law as regards State responsibility which have been followed in the Court ’ s case-law (see also Judge Spielmann ’ s dissenting opinion in the case of Guiso-Gallisay v. Italy (just satisfaction) [GC], n o. 58858/00, 22 December 2009).

In other words, where a court establishes that there has been a breach of an international obligation by a State, it must assess how best that breach should be repaired. This is a different question from that of establishing whether there has been a violation . Normally, any violation would give rise to some award of damages. It is only in exceptional circumstances that the Court may decide not to make an award in respect of non-pecuniary damage if, in its opinion, various relevant factual circumstances preclude such an award. In any event, the Court must fully address the question of reparation for damage or, failing that, appropriate compensation, including assessment of non-pecuniary damage. In this case, while a violation was found, there were reasons, as presented in paragraph 53, that militated in favour of no award of damages. That is all the Court needed to say, without commenting on the finding of a violation as a form of reparation.