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 has now become final, I have joined the other members of the Chamber in finding no violation of Article 13.

PARTLY DISSENTING OPINION OF JUDGE KARAKA Åž

Unlike the majority, I consider that the objection of non-exhaustion of domestic remedies raised by the Government should not have been rejected.

Consequently, I cannot agree with the finding of violation s of Article 1 of Protocol No. 1 and Article 8 of the Convention, for the same reasons as those mentioned in my dissenting opinion in the case of Gavriel v. Turkey (no. 41355/98, 20 January 2009) .

I voted with the majority concerning the finding of no violation of Articles 3, 5, 6, 7, 11, 13 and 14 read in conjunction with Articles 5, 6 and 7 of the Convention.