THE GEORGIAN LABOUR PARTY v. GEORGIA JUDGMENT
45
election of 2 November 2003 is irrelevant, as only the circumstances
surrounding the repeat election of 28 March 2004 were at stake. As regards
the repeat election, the Court reiterates that the present application was
about the applicant party’s right to stand for, rather than win it (see
paragraph 121 above). It cannot be assumed that, had the Khulo and
Kobuleti electorate voted, the applicant party would necessarily have
entered Parliament. It is therefore impossible for the Court to speculate
whether the applicant party’s members would have received salaries as
parliamentarians, or that the expenditure on its electoral campaign is to be
considered as a pecuniary loss. Lastly, the Court does not see any
connection between the funds allegedly unpaid from the State budget in
2007-08 and the violation found with respect to the repeat election of
28 March 2004.
151. In conclusion, the Court does not discern any causal link between
the only violation found in the present case and the pecuniary damage
claimed. It accordingly dismisses the applicant party’s claims under this
head.
B. Non-pecuniary damage
152. With respect to non-pecuniary damage, the applicant party claimed
EUR 2,000,000. It submitted that it had suffered severe harassment,
repression and discrimination on account of its political opinions. The
applicant party also contended that the above amount would compensate for
the fact that it had been prevented from entering Parliament, taking part in
political life and enjoying democracy.
153. The Government submitted that the applicant party had failed to
prove any instances of discrimination on account of its political opinions.
154. The Court notes that the applicant party’s claim for non-pecuniary
damage is mostly based on the allegations of discrimination and thus is
irrelevant to the only violation found in the present case under Article 3 of
Protocol No. 1.
155. The Court does not rule out that the applicant party, as a legal entity
(see Russian Conservative Party of Entrepreneurs and Others v. Russia,
nos. 55066/00 and 55638/00, § 102, 11 January 2007, and Kommersant
Moldovy v. Moldova, no. 41827/02, § 52, 9 January 2007), might have
suffered some non-pecuniary damage on account of the disfranchisement of
the Khulo and Kobuleti voters. However, the Court considers that the nature
of the violation found, namely the arbitrary departure from the principle of
universal suffrage, constitutes sufficient just satisfaction for the breach of
the applicant party’s right to stand for election under Article 3 of Protocol
No. 1.