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CASE OF HARTMAN v. SLOVENIADISSENTING OPINION OF JUDGE POWER-FORDE

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Document date: October 18, 2012

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CASE OF HARTMAN v. SLOVENIADISSENTING OPINION OF JUDGE POWER-FORDE

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Document date: October 18, 2012

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DISSENTING OPINION OF JUDGE POWER-FORDE

I disagree with the majority ’ s finding of a violation of the applicant ’ s right to a trial within ‘ reasonable time ’ . In my separate opinion in Bari šič v. Slovenia (32600/05) I have set out the reasons why I cannot accept the Court ’ s current ‘ broad brush ’ approach to ‘ length of proceedings ’ claims.

For the reasons set out therein and absent a detailed consideration of what, in fact, transpired at national level and in the light of such facts as can be ascertained from the judgment – particularly, the applicant ’ s conduct in absconding – I cannot agree that there has been any violation of the Convention.

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