130 ELCI AND OTHERS v. TURKEY JUDGMENT PARTLY DISSENTING OPINION OF JUDGE GÖLCÜKLÜ 4. Moreover, I would emphasise that in the Convention system the finding of a violation, or no violation, has no pejorative implications for the High Contracting Party. The Convention organs cannot adopt the cause of one or the other party to the case. Judicial decisions must be devoid of value judgments, which are always subjective and “emotional”, particularly such tendentious characterisations as “severe pain and suffering ... particularly serious and cruel” (paragraph 646 above). This is especially so when no evidence whatsoever is provided in support of the allegations in question. 5. Finally, I do not agree with the majority in their application of Article 41 of the Convention. First, the award of material damages in the majority of cases is hazardous and speculative. Unless based on verifiable facts and figures, claims for loss of salary or other losses sustained are mere suppositions. This is why the old Court rejected claims under this head unless they could be accurately assessed, as in the case of the destruction of property. Secondly, the sums awarded under this head, together with those awarded as moral damages are clearly excessive. As I disagree with the majority's conclusions under Article 3 of the Convention, it would be appropriate to considerably reduce the assessment of the losses allegedly sustained.

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