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GÄFGEN v. GERMANY JUDGMENT – SEPARATE OPINIONS
– had already expressly and unequivocally acknowledged in their three
decisions of 2003 and 2004: the applicant, having been threatened with
torture in order to make him disclose the child’s whereabouts, was subjected
to “inhuman treatment as prohibited by Article 3” (see paragraph 131 of the
judgment). On this precise issue all of us – the national judicial authorities,
the Government, the applicant and the judges of the Court – are in
agreement.
10. Ultimately, this judgment will not even result in an award to the
applicant by way of just satisfaction.
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