LABITA v. ITALY JUDGMENT 40 the Palermo Court of Appeal (see paragraph 26 above). When his name was removed from the electoral register, therefore, there was no concrete evidence on which a “suspicion” that the applicant belonged to the Mafia could be based (see, mutatis mutandis, paragraph 196 above). In the circumstances, the Court cannot regard the measure in question as proportionate. There has therefore been a violation of Article 3 of Protocol No. 1. VIII. APPLICATION OF ARTICLE 41 OF THE CONVENTION 204. 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 205. The applicant claimed 2,000,000,000 Italian lire (ITL) for physical and mental injury. He also claimed ITL 1,000,000,000 for pecuniary damage suffered as a result of the confiscation of some of his immovable property and the closing down of his discotheque during the trial until 1995 and the attachment of his shareholding in a company. 206. The Government contended that there was no causal link between the alleged pecuniary damage and the alleged violations and emphasised that the applicant had not complained before the Convention institutions about the confiscation and attachment. As regards the length of detention, the Government said that the applicant had already obtained sufficient reparation before the domestic courts. 207. As regards the confiscation of the applicant's land and attachment of his company shareholding, the Court accepts the Government's argument that there is no causal link between the sums claimed for pecuniary damage and the violations found in the instant case. It must also take into account the fact that the applicant has obtained reparation from the national courts for any damage that he might have sustained by reason of his detention pending trial. The Court nevertheless considers that having regard to the seriousness and number of violations found in the instant case the applicant should be awarded compensation for non-pecuniary damage. Ruling on an equitable basis, as provided for in Article 41 of the Convention, the Court decides to award ITL 75,000,000.

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