TEIXEIRA DE CASTRO JUDGMENT OF 9 JUNE 1998 12 “If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the ... Convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party.” 45. The applicant claimed compensation for pecuniary and nonpecuniary damage and the reimbursement of his costs and expenses. A. Damage 46. Mr Teixeira de Castro claimed firstly 2,052,000 escudos (PTE) for loss of earnings during the three years of his six-year sentence he spent in prison, on the ground that without the two police officers’ intervention he would not have been convicted. As the Supreme Court had indicated in its judgment of 5 May 1994, his monthly salary was PTE 57,000. He also requested PTE 15,000,000 for loss of earnings because when he came out of prison he had been dismissed and was unable to find another job as he was labelled a drug trafficker. The applicant requested PTE 5,000,000 on account of non-pecuniary damage. Owing to the fact that he had been in prison and had consequently had no earnings, his wife and son had gone hungry and had known periods of intense anxiety. Since his conviction, their life had been a series of humiliations; he had lost friends and become estranged from members of his family. 47. The Government argued that there was no causal link between the alleged damage and the breach found as it was not possible to speculate on whether the applicant’s situation would have been any different had there been no violation. In the Government’s view, a finding of a violation would compensate for the non-pecuniary damage sustained. 48. The Delegate of the Commission recommended that a sum should be paid for non-pecuniary and pecuniary damage if the Court found, as it had done in the case of Windisch v. Austria (see the judgment of 27 September 1990, Series A no. 186, p. 12, § 35), that the applicant’s detention had resulted directly from the use of evidence that was incompatible with Article 6. 49. The Court shares that view. The documents in the case file suggest that the term of imprisonment complained of would not have been imposed if the two police officers had not intervened. The loss by Mr Teixeira de Castro both of his earnings while he was deprived of his liberty and of opportunities when he came out of prison were actual – and indeed are not disputed by the Government – and entitle him to an award of just satisfaction. Likewise, the applicant has indisputably sustained nonpecuniary damage, which cannot be compensated for merely by finding that there has been a violation.