PARTLY DISSENTING OPINION OF JUDGE KTISTAKIS

I voted against points 4 and 6 of the operative provisions, to the effect that the finding of a violation constitutes in itself sufficient just satisfaction for any non-pecuniary damage that may have been sustained by the applicants, as concluded by the majority.

The present case has allowed the Court to elaborate on its case-law on ballot secrecy and to conclude, inter alia , that the Hungarian national minority list voting system was not available for the applicants without compromising their right to secrecy (see paragraph 71 of the judgment). Taking into consideration the fact that the applicants were not politicians or members of a political party but simply voters, it is hard in my opinion to accept that the Court’s finding of a violation alone can constitute sufficient just satisfaction. Moreover, as members of recognised national minorities, the applicants should not be discouraged in a democratic society from raising their complaints before the national and international courts. Taking into consideration the fact that the second applicant, E.C., actually requested anonymity, our reluctance to make an award for non-pecuniary damage seems likely to discourage him and other members of the Armenian minority from fighting for their rights as recognised by the Convention.

APPENDIX

List of applications

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence

1.

49636/14

Bakirdzi v. Hungary

04/07/2014

Kalliopé BAKIRDZI 1959 Budapest

2.

65678/14

E.C. v. Hungary

01/10/2014

E.C. 1990 Budapest