Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook
if any, is too remote and uncertain. The Court concludes that the second applicant’s
claims for pecuniary damages are unjustified and must be rejected.282
The Court applies the causal link requirement strictly. Claims for pecuniary damage often fail before the Court. An applicant is therefore advised to clearly document and explain that the loss of earnings or a medical bill etc. were caused by the
human rights violation.
Normally, the Court’s award reflects the full amount of the damage. However, if
the actual damage cannot be precisely calculated, the Court will make an estimate
based on the facts at its disposal. In doing so, it is also possible that the Court find
reasons in equity to award less than the full amount of the loss.283
ii) Non-pecuniary Damage
When the Court finds an Article 3 violation it typically grants non-pecuniary damage that provides financial compensation for non-material harm such as mental
or physical suffering. In the case of Dybeku v. Albania,284 for instance, the Court
reasoned:
As regards non-pecuniary damage, the Court observes that it has found that the
applicant’s rights under Article 3 of the Convention have been violated. It considers
that the applicant suffered damage of a non-pecuniary nature, as a result of his
detention in inhuman and degrading conditions, inappropriate to his state of health
[…], which is not sufficiently redressed by the finding of a violation of his rights
under the Convention.285
Likewise, in the case of Kalashnikov v. Russia286 the Court stated that
The Court considers that the length of the applicant’s detention on remand in such
prison conditions, as well as the length of the criminal proceedings, must have
caused him feelings of frustration, uncertainty and anxiety which cannot be compensated solely by the finding of a violation.287
In terms of the amount the Court grants, it will make an assessment on an equitable basis and might not award the full loss suffered. Thus, applicants should be
aware that even where his or her claim is based on supporting documents, the
Court might award a lower amount than the sum claimed.
282 Ibid., § 940.
283 See Practice Directions, Just satisfaction claims, available online: www.echr.coe.int/Documents/PD_satisfaction_claims_ENG.pdf
284 Dybeku v. Albania, no. 41153/06, 18 December 2007.
285 Ibid., §§ 67–68.
286 Kalashnikov v. Russia, no. 47095/99, 15 July 2002.
287 Ibid., § 142. See also Zenkov v. Russia, no. 37858/08, 30 April 2014, § 67.
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