SAMADBAYLI AND OTHERS v. AZERBAIJAN JUDGMENT
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32. The Court therefore finds that the respondent State has failed to
comply with its obligations under Article 34 of the Convention.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
33. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
34. Each applicant in applications nos. 36821/11, 37656/11, 37661/11,
37740/11, 38636/11, 38885/11 and 42345/11 claimed 20,000 Azerbaijani
manats (AZN) (approximately 18,600 euros (EUR) at the time of
submission of the claims) in respect of non-pecuniary damage. Each
applicant in applications nos. 37866/11 and 42360/11 claimed AZN 50,000
(approximately EUR 46,500 at the time of submission of the claims) in
respect of non-pecuniary damage. The applicant in application no. 41066/11
claimed AZN 40,000 (approximately EUR 37,200 at the time of submission
of the claim) in respect of non-pecuniary damage. All claims were
submitted between 5 April and 2 June 2014.
35. The Government considered that the claims were excessive and that
EUR 7,500 to each applicant would represent a reasonable award in respect
of non-pecuniary damage.
36. Ruling on an equitable basis, the Court awards each applicant the
sum of EUR 10,000 in respect of non-pecuniary damage, plus any tax that
may be chargeable.
B. Costs and expenses
37. Each applicant also claimed AZN 2,500 (approximately EUR 2,325
at the time of submission of the claims) for legal fees incurred before the
Court, AZN 300 (approximately EUR 280 at the time of submission of the
claims) for translation expenses and AZN 70 (approximately EUR 65 at the
time of submission of the claims) for postal expenses. All claims were
submitted between 5 April and 2 June 2014.
38. The Government submitted that the claims were excessive and were
not fully supported by relevant documents. Moreover, given the fact that the
applicants were represented by the same lawyer as had represented other
applicants in similar cases involving similar and/or repetitive submissions,
the Government argued they should be awarded a reduced amount.