36 SAUNDERS v. UNITED KINGDOM JUDGMENT DISSENTING OPINION OF JUDGE MARTENS, JOINED BY JUDGE KURIS DISSENTING OPINION OF JUDGE MARTENS JOINED BY JUDGE KURIS I - INTRODUCTION -A1. I have found it impossible to convince myself that in this case the United Kingdom has violated Mr Saunders’s rights under Article 6 of the Convention (art. 6). Nor has the Court’s judgment so persuaded me. 2. What is at stake is a knotty, but important question relating to a topic which is not only very controversial but also appears prone to arousing rather strong emotions. Assume that the "right to silence" and the "privilege against self-incrimination" are not absolute (see paragraphs 7 - 12 below) but - like other rights implied in Article 6 (art. 6) - allow for limitations; assume, further, that such limitations cannot be taken into account unless they are in accordance with the law, pursue a legitimate aim and are proportionate to that aim1; then the question becomes: Are these requirements fulfilled in the present case? 3. Unlike the majority, I have come to the conclusion that this question is to be answered in the affirmative. In order to elucidate that opinion I find it necessary to start with some general considerations with respect to both immunities in issue. -B4. In its judgment of 8 February 1996 in the case of John Murray v. the United Kingdom (Reports of Judgments and Decisions 1996-I, p. 49, para. 45) the Court has proclaimed that the notion of a fair procedure under Article 6 of the Convention (art. 6) comprises two immunities: the "right to remain silent" and the "privilege against self-incrimination". The wording of this paragraph in the John Murray judgment - especially if compared to that in paragraph 44 of the Funke v. France judgment of 25 February 1993 (Series A no. 256-A, p. 22, para. 44) - clearly suggests that, in the Court’s opinion, two separate immunities are involved. From a conceptual point of view it would, however, seem obvious that the privilege against self-incrimination (= roughly speaking, the right not to be obliged to 1 See the Ashingdane v. the United Kingdom judgment of 28 May 1985, Series A no. 93, pp. 24-25, para. 57; and my concurring opinion in the De Geouffre de la Pradelle v. France judgment of 16 December 1992, Series A no. 253-B.