44
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
CONCURRING OPINION OF JUDGES PETTITI AND RUSSO (ARTICLE 13
OF THE CONVENTION) (art. 13)
CONCURRING OPINION OF JUDGES PETTITI AND
RUSSO (ARTICLE 13 OF THE CONVENTION) (art. 13)
(Translation)
We recognise the difficulty of construing Article 13 (art. 13); indeed this
difficulty explains the differences of opinion within the Court. Nevertheless,
we continue to prefer the Court’s traditional doctrine on the interpretation of
Article 13 (art. 13) (see especially the Silver and Others judgment, the
Campbell and Fell judgment, and the Abdulaziz, Cabales and Balkandali
judgment). If the Court had cause to change its doctrine on this point (which
we do not consider necessary), more detailed reasons should have been
given than those adopted in the present judgment.