44
THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
144. The Court recalls that Article 14 has no independent existence, but
plays an important role by complementing the other provisions of the
Convention and the Protocols thereto, since it protects individuals, placed in
similar situations, from any discrimination in the enjoyment of the rights set
forth in those other provisions (see Dudgeon v. the United Kingdom,
22 October 1981, § 67, Series A no. 45, and Chassagnou and Others v.
France [GC], nos. 25088/94, 28331/95 and 28443/95, § 89, ECHR
1999-III).
145. In the light of all the material in its possession, the Court does not
find any evidence which might arguably suggest that either the challenged
electoral mechanisms – the system for voter registration and the
composition of electoral commissions – or the events which took place in
Khulo and Kobuleti were exclusively aimed at the applicant party and did
not affect the other candidates standing for that election.
146. The Court thus finds that there has been no violation of Article 14
of the Convention, taken in conjunction with Article 3 of Protocol No. 1.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
147. 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. Pecuniary damage
148. The applicant party claimed 212,306.30 euros (EUR) in pecuniary
damages. It submitted that such an amount would compensate for the
expenses it had incurred in the course of its electoral campaigns for the
regularly scheduled and repeat parliamentary elections in 2003-04. The
amount claimed would also provide compensation for the salaries its
members would have received had they been elected to Parliament. Lastly,
this sum included funds which, under the relevant domestic law on the
financing of political associations, were to be paid to the applicant party, in
its capacity as a political party, from the State budget in 2007-08.
149. In reply, the Government noted that there was no causal link
between the applicant party’s claims and the alleged violations.
150. The Court considers that the applicant party’s reference to the
expenses incurred in the course of the regularly scheduled parliamentary