108 CYPRUS v. TURKEY JUDGMENT PARTLY DISSENTING OPINION OF JUDGE COSTA (Translation) 1. There are only two points (out of some fifty operative provisions) on which I disagree with the majority (with regard either to the reasoning or to the conclusion). They concern the religious discrimination against the Greek Cypriots living in the Karpas region and the violation of the rights of the Turkish-Cypriot Gypsy community. 2. As regards the first point, I quite understand why, having found a violation of Article 3 of the Convention against the Karpas Greek-Cypriots, the majority does not consider it necessary to examine whether there has also been a violation of Article 14 taken together with other provisions. 3. I am, however, unhappy that that conclusion was held also to apply to Article 14 taken together with Article 9. As a matter of general principle, the prohibition on discrimination contained in Article 14 does not appear to me to be made redundant by a mere finding that a right guaranteed by the Convention has been violated. For example, in the case that ended with the Chassagnou and Others v. France judgment ([GC], nos. 25088/94, 28331/95 and 28443/95, ECHR 1999-III) (in which I was in the minority, but that is a separate issue), the Court had no hesitation in finding a violation of Article 11 of the Convention and Article 1 of Protocol No. 1, taken both alone and together with Article 14 of the Convention. For an enclaved community living on an island divided among other things along religious lines and having no freedom of movement (see paragraph 245 of the instant judgment), it seems to me that religious freedom is one of the most important freedoms and has, in the present case, been infringed. For my part, I see nothing illogical in those circumstances in finding violations of Article 9 and of Article 9 taken together with Article 14. 4. Admittedly, it could be objected that a finding of discriminatory treatment serious enough to amount to inhuman and degrading treatment prohibited by Article 3 suffices. Perhaps. But I am not sure that that Article necessarily encompasses everything and takes precedence over all other violations. The Convention constitutes a whole, but that does not mean that a finding of one violation of the Convention will release the Court from the obligation to examine whether there have been others, save in exceptional circumstances where all the various complaints arise out of exactly the same set of facts. 5. As regards the Turkish Cypriots of Gypsy origin, the Court finds in paragraph 352 of the judgment that no practice of denying protection of their rights has been established. However, the Commission found numerous violations of those rights and noted particularly serious incidents (see paragraph 54 of the judgment). Without repudiating that finding, the Court merely relies on the fact that the victims did not exercise any