18
HARUTYUNYAN v. ARMENIA JUDGMENT
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
68. 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
69. The applicant claimed a total of about 12,000,000 Armenian drams
(AMD) (approximately 22,160 euros (EUR)) in respect of pecuniary
damage. In particular, during the four years and eight months spent in
detention and prison, each week his parents brought him parcels with food,
cigarettes and toiletries. Each parcel cost about AMD 20-25,000
(approximately EUR 36-46), so the aggregate amount constituted
AMD 5-6,000,000. Furthermore, during this entire period he was deprived
of the opportunity to work. Assuming that he could earn at least
AMD 100,000 per month (approximately EUR 185), this loss amounted to
AMD 5,600,000. The applicant also claimed compensation for nonpecuniary damage in the amount of EUR 120,000. He submitted that the
breaches of the Convention resulted in his loss of liberty for about
four years and eight months. In addition, he had been branded a murderer
throughout this entire period.
70. The Government submitted that the alleged expenses for parcels,
which were not supported by any documentary evidence, were not a
consequence of the alleged violation. They were neither necessary nor could
they be regarded as real damage or lost profit. In any event, these expenses
were exaggerated since, according to the relevant prison rules, only one
parcel per month could be received by a detainee or convict. With regard to
the claim of lost earnings, this claim was of a hypothetical nature. Besides,
there was no causal link between the applicant’s imprisonment and his
unemployment. As regards the non-pecuniary damage, the Government
submitted that a finding of a violation would be sufficient. In any event, the
amount claimed was exorbitant.
71. The Court notes that the applicant’s claim concerning expenses for
parcels does not concern any pecuniary loss incurred by him and relates to
expenses allegedly borne by his parents, who were not applicants in the
present case and cannot therefore be regarded as persons directly affected
by the violation found. As regards the loss of alleged earnings, the Court
agrees with the Government that this claim is of a hypothetical nature. It
therefore rejects the applicant’s claim for pecuniary damage. On the other
hand, the Court considers that the applicant must have suffered frustration,
helplessness and anxiety as a result of the use of evidence obtained under
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