HAJILI v. AZERBAIJAN JUDGMENT
17
similar Kerimova case) that the applicant would necessarily have won the
election in his constituency and become a member of parliament, had the
election not been annulled in an arbitrary manner. It is therefore impossible
for the Court to speculate as to whether the applicant would have received a
member of parliament’s salary.
69. As to the claim in respect of expenses borne during the election
campaign, the Court does not discern any causal link between the violation
found and the pecuniary damage alleged.
70. For the above reasons, the Court rejects the claim in respect of
non-pecuniary damage.
2. Non-pecuniary damage
71. The applicant claimed AZN 50,000 in respect of non-pecuniary
damage.
72. The Government argued that the amount claimed was excessive and
considered that a finding of a violation of the Convention would constitute
sufficient just satisfaction in itself.
73. The Court considers that the applicant suffered non-pecuniary
damage which cannot be compensated solely by the finding of the violation
of Article 3 of Protocol No. 1. Ruling on an equitable basis, the Court
awards him the sum of 7,500 euros (EUR) in respect of non-pecuniary
damage, plus any tax that may be chargeable.
B. Costs and expenses
74. The applicant claimed AZN 3,750 for the costs and expenses
incurred before the Court, including legal fees, translation costs and postal
expenses.
75. The Government contested this claim.
76. According to the Court’s case-law, an applicant is entitled to the
reimbursement of costs and expenses only in so far as it has been shown
that these have been actually and necessarily incurred and are reasonable as
to quantum. In the present case, regard being had to the documents in its
possession and the above criteria, the Court considers it reasonable to award
the sum of EUR 1,600 covering costs under all heads, plus any tax that may
be chargeable to the applicant on that sum.
C. Default interest
77. The Court considers it appropriate that the default interest should be
based on the marginal lending rate of the European Central Bank, to which
should be added three percentage points.
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