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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