KERIMOVA v. AZERBAIJAN JUDGMENT
15
57. The Court notes that this complaint is linked to the one examined
above and must therefore likewise be declared admissible.
58. However, having regard to its above finding in relation to Article 3
of Protocol No. 1, the Court considers that it is not necessary to examine
whether in this case there has been a violation of Article 14.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
59. 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
60. The applicant claimed 83,185.83 euros (EUR) for loss of the
earnings she would have received in the form of a parliamentary member's
salary if elected to the Milli Majlis had the results of elections in her
constituency not been invalidated. She noted that her other income during
the relevant period, as a retired singer and recipient of a State allowance,
amounted only to 125 new Azerbaijani manats (AZN) (approximately
EUR 120) per month.
61. The Government contested the applicant's claim and argued that her
other income must have been much higher than AZN 125 per month.
62. The Court reiterates its analysis made in the Kovach case (cited
above, § 66), which concerned a similar claim:
“It is true that, if elected, the applicant would have received a salary as a member of
Parliament. That is not, however, sufficient to award the sums claimed, because the
sums claimed would have to be set off against other income which he may have been
receiving and which he would have had to forego if elected, as in the case of
Lykourezos v. Greece ([no. 33554/03, § 64, ECHR 2006-VIII], in which the applicant
was prevented from continuing to exercise his mandate). The applicant has given
details of the salary he would have received as a member of Parliament, but has not
specified what his net loss would have been.”
63. In the earlier Lykourezos judgment (cited above, § 64), the Court
approached the issue as follows:
“The Court notes that it was not disputed that, had the applicant not been forced to
forfeit his parliamentary seat, he would have received, between the date of the
impugned measure and the end of the legislature to which he had been elected, the
amount claimed. However, the Court also notes that the applicant did not remain
inactive during this period; on the contrary, he was able to resume his professional