DISSENTING OPINION OF JUDGE MULARONI

I voted against points 1) and 2) of the operative parts of the judgment as I consider that the applicant has lost his status as a “victim”.

As we can read in paragraph 12 of the judgment, in a letter of 28 April 1998 the Lódz District Court admitted its mistake and confirmed that there had been no valid judicial decision authorising the applicant ’ s detention on remand between 21 February 1998 and 24 February 1998 . This period (three days) was deducted from the sentence of imprisonment which was ultimately imposed on the applicant.

In my view, the national authorities have acknowledged the violation of Article 5 § 1 and afforded redress for the breach (see Amuur v. France , Reports , 1996- III , p. 846, § 36).

As to the fact that no monetary compensation was awarded to the applicant at the national level, I observe that the applicant did not invoke Article 5 § 5 before the Court.