Tokens: I
agree
with
the
majority
’s
conclusion
that
there
has
been
a
violation
of
Article
7
of
the
Convention
.
In
my
opinion
,
the
circumstances
which
give
rise
to
this
finding
are
limited
to
the
uncertainty
generated
by
the
applicability
of
two
parallel
Criminal
Codes
,
which
were
operative
at
the
time
of
the
applicants
’
trials
in
the
absence
of
any
rules
clarifying
which
Code
was
to
be
applied
to
their
cases
.
As
I
understand
Article
7
,
that
provision
requires
foreseeability
not
only
as
to
whether
a
certain
act
was
punishable
at
the
time
when
it
was
committed
,
but
also
as
concerns
the
imposable
punishment
at
the
time
when
the
perpetrator
is
tried
.
The
parallel
existence
of
two
Codes
with
different
sentencing
brackets
failed
to
provide
such
clarity
.
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