CONCURRING OPINION OF JUDGE MARUSTE

While I would maintain my general position in respect of prison disciplinary proceedings expressed in a joint dissenting opinion in the case of Ezeh and Connors v. the United Kingdom ([GC], nos. 39665/98 and 40086/98, ECHR 2003 ‑ X), in this particular case I am with the majority in favour of a violation but for different reasons. My understanding is that in this exceptional case the authorities failed to handle what was a very specific situation adequately and with the necessary flexibility. The physical and mental particularity of the applicant was evident, established by doctors and known (or at least should have been known) to the prison staff. Under these circumstances, the rigidity in the application of the rules was simply unnecessary.