INCAL JUDGMENT OF 9 JUNE 1998
28
the Court awards him compensation in the sum of FRF 30,000 under this
head.
83. With regard to costs and expenses, the Court awards Mr Incal, on an
equitable basis and according to the criteria laid down by its case-law (see,
among other authorities, the Demicoli v. Malta judgment of 27 August
1991, Series A no. 210, p. 20, § 49), the overall sum of FRF 15,000.
D. Default interest
84. The Court deems it appropriate to adopt the statutory rate of interest
applicable in France at the date of adoption of the present judgment, which
is 3.36% per annum.
FOR THESE REASONS, THE COURT
1. Holds unanimously that there has been a breach of Article 10 of the
Convention;
2. Holds by twelve votes to eight that there has been a breach of Article 6
§ 1 of the Convention as regards the complaint relating to the
independence and impartiality of the İzmir National Security Court;
3. Holds by nineteen votes to one that it is not necessary to consider the
applicant’s other complaints under Article 6 § 1, whether taken
separately or in conjunction with Article 14 of the Convention;
4. Holds unanimously
(a) that the respondent State is to pay Mr Incal, within three months, the
following sums, to be converted into Turkish liras at the rate applicable
on the date of settlement:
(i) 30,000 (thirty thousand) French francs in respect of nonpecuniary damage;
(ii) 15,000 (fifteen thousand) French francs in respect of costs and
expenses;
(b) that simple interest at an annual rate of 3.36% shall be payable on
these sums from the expiry of the above-mentioned three months until
settlement;
5. Dismisses unanimously the remainder of the claim for just satisfaction.