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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents