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CASE OF POSEDEL-JELINOVIC v. CROATIADISSENTING OPINION OF JUDGE SPIELMANN

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Document date: November 24, 2005

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CASE OF POSEDEL-JELINOVIC v. CROATIADISSENTING OPINION OF JUDGE SPIELMANN

Doc ref:ECHR ID:

Document date: November 24, 2005

Cited paragraphs only

DISSENTING OPINION OF JUDGE SPIELMANN

(Translation)

I am unable to agree with the decision of the majority of the Court that there has been no violation of Ar ticle 6 § 1 of the Convention.

Although it may be felt that, in general, a total length of five years and eight months for the examination of a case at three levels of jurisdiction is not excessive, this cannot be said of the present case .

Because the Constitutional Court in itself took three and a half years to deal with the case, the overall length was unnecessarily prolonged .

Consequently, the time taken to examine the case cannot be regarded as reasonable .

I therefore consider that A rticle 6 § 1 of the Convention was breached .

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