JALLOH v. GERMANY JUDGMENT 33 Convention had not occurred (see, inter alia, Schmautzer v. Austria, 23 October 1995, § 44, Series A no. 328-A, and Findlay v. the United Kingdom, 25 February 1997, § 85, Reports 1997-I). The drug bubble obtained by the impugned measure was a decisive factor in the applicant’s conviction. However, since that evidence could have been obtained without any breach of Article 3 (by waiting for the drug bubble to be passed naturally) and, therefore, used without any breach of Article 6, the Court finds that there is insufficient proof of a causal connection between the violation of those provisions and the pecuniary damage sustained by the applicant. There is, therefore, no ground for an award under this head. 129. As to the non-pecuniary damage claimed, the Court notes that according to the Government, it would be possible for the applicant to seek compensation in the national courts if he was acquitted following a reopening of the criminal proceedings against him. It considers, however, that if, having exhausted domestic remedies without success before complaining in Strasbourg of a violation of his rights, then doing so a second time, successfully, to secure the setting aside of the conviction, and finally going through a new trial, the applicant was required to exhaust domestic remedies a third time in order to be able to obtain just satisfaction from the Court, the total duration of the proceedings would hardly be consistent with the effective protection of human rights and would lead to a situation incompatible with the aim and object of the Convention (see, for example, Barberà, Messegué and Jabardo v. Spain (Article 50), 13 June 1994, § 17, Series A no. 285-C, and Papamichalopoulos and Others v. Greece (Article 50), 31 October 1995, § 40, Series A no. 330-B). Consequently, it may make an award. 130. Having regard to all the elements before it, the Court finds that the applicant suffered non-pecuniary damage in the form of pain and mental distress as a result of the treatment to which he was subjected to obtain the evidence that was later used against him at the trial. Ruling on an equitable basis, it therefore awards the applicant EUR 10,000 under this head. B. Costs and expenses 131. The applicant claimed a total of EUR 5,868.88 for costs and expenses. These comprised the costs of legal representation before the Federal Constitutional Court in an amount of EUR 868.88, calculated pursuant to the Federal Regulation on Lawyers’ Fees (Bundesrechtsanwaltsgebührenordnung). Furthermore, he claimed EUR 5,000 for costs incurred in the Convention proceedings. He did not submit any separate documentary evidence in support of his claims. 132. The Government did not comment on this claim. 133. According to the Court’s case-law, to be awarded costs and expenses the injured party must have incurred them in order to seek