ANNAGI HAJIBEYLI v. AZERBAIJAN JUDGMENT
17
potential chilling effect on the applicants or their representatives (see
Janowiec and Others v. Russia [GC], nos. 55508/07 and 29520/09, § 209,
ECHR 2013).
78. The Court therefore finds immaterial the Government’s argument
that no correspondence or activity relating to the applicant’s case had
actually taken place during the period when his case file was in the
authorities’ possession. The Court considers that, at the time of the seizure,
it could not be foreseen by the applicant, or by any other party, for how long
his case file would remain in the authorities’ possession and whether any
correspondence would take place during that period. The very fact that the
applicant and his lawyer were deprived of access to their copy of the case
file for a lengthy period of time, without any justification and without any
compensatory measures, constituted in itself an undue interference with the
integrity of the proceedings and a serious hindrance to the effective exercise
of the applicant’s right of individual petition.
79. In view of the foregoing, the Court considers that the respondent
State has failed to comply with its obligations under Article 34 of the
Convention.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
80. 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
81. The applicant claimed 20,000 new Azerbaijani manats (AZN) in
respect of non-pecuniary damage.
82. The Government argued that the claim was unsubstantiated and
excessive.
83. Ruling on an equitable basis, the Court awards the applicant
10,000 euros (EUR) in respect of non-pecuniary damage, plus any tax that
may be chargeable.
B. Costs and expenses
84. The applicant also claimed AZN 2,500 for legal fees incurred in the
proceedings before the Court, AZN 300 for translation costs and AZN 100
for postal expenses.