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.