CASE OF ASPROFTAS v. TURKEYCONCURRING OPINION OF JUDGE BRATZA
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Document date: May 27, 2010
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CONCURRING OPINION OF JUDGE BRATZA
In the case of Protopapa v. Turkey (no. 16084/90, 24 February 2009), I voted with the other members of the Chamber in relation to all of the Convention complaints of the applicant save that under Article 13 which, for the reasons explained in my Partly Dissenting Opinion, I found had been violated.
The applicant ' s complaint under Article 13 in the present case is substantially the same as that of the applicant in the Protopapa case. While I continue to entertain the doubts which I expressed in that case as to whether there were any remedies which could be regarded as practical or effective and which offered the applicant any realistic prospects of success, in deference to the majority opinion in the Protopapa judgment, which is final, I have joined the other members of the Chamber in finding no violation of Article 13.