12
ATAKISHI v. AZERBAIJAN JUDGMENT
Cherepkov v. Russia (dec.), no. 51501/99, ECHR 2000-I; Ždanoka v. Latvia
(dec.), no. 58278/00, 6 March 2003; and Mutalibov v. Azerbaijan (dec.),
no. 31799/03, 19 February 2004). Accordingly, this Convention provision
does not apply to the proceedings complained of.
53. It follows that this complaint is incompatible ratione materiae with
the provisions of the Convention within the meaning of Article 35 § 3 (a)
and must be rejected in accordance with Article 35 § 4.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
54. 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
55. The applicant claimed 101,346 Azerbaijani manats (AZN) in respect
of pecuniary damage, including damage caused by loss of the earnings he
would have received in the form of a parliamentary member’s salary if
elected to the National Assembly, as well as loss of the useful effect of the
funds spent on his election campaign.
56. The Government contested these claims and submitted that they
were unsupported by sufficient documentary evidence.
57. As to the claim in respect of loss of earnings, the Court notes that the
present application concerns the applicant’s right to stand for election. It
cannot be assumed that, had the applicant’s registration as a candidate not
been cancelled, he would have necessarily won the election in his
constituency and become a member of parliament. It is therefore impossible
for the Court to speculate as to whether the applicant would have received a
salary as a parliamentarian. Accordingly, no causal link has been established
between the alleged pecuniary loss and the violation found
(see Seyidzade v. Azerbaijan, no. 37700/05, § 50, 3 December 2009).
58. Likewise, 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.
59. For the above reasons, the Court rejects the claim in respect of
pecuniary damage.