PARTLY DISSENTING OPINION OF JUDGE LEMMENS

I agree with the judgment insofar as it relates to the admissibility and the merits of the complaints (operative points 1 to 3).

However, I respectfully disagree with the decision on just satisfaction (operative point 4). The majority dismisses the claim for just satisfaction. In my opinion the violation found, resulting from the inability for the applicant to present his views and to question the only witness against him, is of such a nature that the Court should award the applicant just satisfaction of some kind. It may be true that in his submission to the Court he referred only to “pecuniary” damage, but it is difficult for me to imagine that in doing so he implicitly indicated that he was not asking for any just satisfaction for “non-pecuniary” damage. Neither do I think that the Court should attach decisive weight to the way the applicant formulated his claim.