NAMAT ALIYEV v. AZERBAIJAN JUDGMENT 31 III. APPLICATION OF ARTICLE 41 OF THE CONVENTION 100. 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 1. Pecuniary damage 101. The applicant claimed 22,500 new Azerbaijani manats (AZN) in respect of various expenses related to his electoral campaign, such as expenses for publication of his campaign advertisement, salaries paid to his campaign staff, renting office space for his election headquarters, etc. 102. The Government noted that the applicant failed to support this claim with any documentary evidence. They further argued that campaign expenses could not be claimed as pecuniary damage and that, in any event, part of each candidate's campaign expenses were borne by the State in accordance with the domestic law. 103. The Court notes that the present application was about the applicant's right to stand for election. It cannot be assumed that, had the applicant's right not been infringed, he would necessarily have won the election in his constituency and become a member of parliament. Therefore, it cannot be speculated that the expenditure on his electoral campaign was a pecuniary loss (compare The Georgian Labour Party, cited above, § 150). As no causal link has been established between the alleged pecuniary loss and the violation found, the Court dismisses the applicant's claim under this head. 2. Non-pecuniary damage 104. The applicant claimed AZN 200,000 in respect of non-pecuniary damage caused by the infringement of his electoral rights. 105. The Government argued that the amount claimed was excessive and considered that finding of a violation of the Convention would constitute sufficient just satisfaction in itself. 106. 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.

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