INCAL JUDGMENT OF 9 JUNE 1998
27
Turkey judgment of 1 April 1998 (Article 50), Reports 1998-II, pp. 723-24,
§ 47).
B. Damage and costs and expenses
79. The applicant claimed 2,000,000 French francs (FRF) for pecuniary
damage and FRF 5,000,000 for non-pecuniary damage.
In support of his claims he asserted that at the material time he was in
practice as a lawyer and was an associate director of five commercial
undertakings. He asserted that he had sustained a considerable loss of
income.
Mr Incal further claimed reimbursement of his costs and expenses, which
amounted to FRF 20,000 for preparing and communicating the documents
produced in Strasbourg and FRF 80,000 for his representation before the
Convention institutions, including his lawyers’ fees.
80. The Government argued, as their principal submission, that no
compensation was called for in the present case. In the alternative, they
maintained that the sums claimed were excessive and unjustified.
They emphasised that the applicant had had the advantage of a stay of
execution of four months in which to organise his affairs and minimise any
losses. If the Court were to find a violation of the Convention, that finding
in itself would constitute sufficient just satisfaction, as no causal connection
had been established between the facts complained of and the damage
alleged.
The Government also considered that the claim in respect of costs and
expenses had not been duly documented.
81. With regard to pecuniary damage, the Delegate of the Commission
suggested that the Court should consider the question of the application of
Article 50 in the light of the hypothetical character of the amount claimed.
He left the question of non-pecuniary damage to the Court’s discretion.
Lastly, with regard to the sum claimed for costs and expenses, he mentioned
the problem raised by the lack of supporting documents.
82. On the question of pecuniary damage, the Court considers in the first
place that it cannot speculate as to what the outcome of proceedings
compatible with Article 6 § 1 would have been. It further notes that there is
insufficient proof of a causal connection between the breach of Article 10 it
has found and the loss of professional and commercial income alleged by
the applicant. Moreover, the applicant’s claims in respect of pecuniary
damage are not supported by any evidence whatsoever. The Court can
therefore not allow them.
With regard to non-pecuniary damage, the Court considers that the
applicant suffered a certain amount of distress on account of the facts of the
case. Making an assessment on an equitable basis, as required by Article 50,