PARTLY DISSENTING OPINION OF JUDGE MULARONI

Unlike the majority, I believe that it is necessary for the Court to examine separately the applicant ' s complaint under Article 14 of the Convention.

After examining tens and tens of similar applications lodged by Turkish citizens of Kurdish origin, and very often concluding that there was a violation of Articles 2 and 3 of the Convention, I felt uncomfortable in not examining such a complaint even before the Grand Chamber judgment of 6 July 2005 in the Nachova and O thers v. Bulgaria cases (nos. 43577/98 and 43579/98). After such a judgment I feel even more uncomfortable. I am really unable to understand why the Court decided to examine such a complaint in the Nachova and Others case and continues to consider that it is unnecessary to do that in cases like the present one.

The examination of the complaint under Article 14 does not mean, of course, that in the end the Court will find that there has been a violation of Article 14. I simply cannot agree with the majority approach, which to me is tantamount to considering that the prohibition of discrimination in this type of cases is not an important issue when the respondent State is Turkey .