32 JALLOH v. GERMANY JUDGMENT 122. Having regard to the foregoing, the Court would also have been prepared to find that allowing the use at the applicant’s trial of evidence obtained by the forcible administration of emetics infringed his right not to incriminate himself and therefore rendered his trial as a whole unfair. 123. Accordingly, there has been a violation of Article 6 § 1 of the Convention. IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION 124. 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.” 125. The applicant claimed compensation for pecuniary and non-pecuniary damage and the reimbursement of his costs and expenses. A. Damage 126. The applicant claimed a total of 51.12 euros (EUR) in pecuniary damage, this being the amount he had forfeited as a result of the judgment of the Wuppertal Regional Court. He also sought compensation for non-pecuniary damage. He made reference to his physical injuries and the mental distress and feelings of helplessness he had suffered as a result of the lengthy administration of emetics, which he considered to have been life-threatening and obviously illegal. Furthermore, he had been remanded in custody for five months before being convicted and given a six-month suspended prison sentence and probation because of this illegal measure. He claimed a minimum amount of EUR 30,000 under this head. 127. The Government did not comment on the applicant’s claim for pecuniary damage, but maintained that the sum claimed by him for non-pecuniary damage was excessive. As regards the damage allegedly sustained due to the applicant’s pre-trial detention, his prosecution and conviction, an award of compensation was not required since full reparation could be made under German law. Should the Court find violations of the applicant’s Convention rights, he would be entitled to request the reopening of the criminal proceedings and could, if acquitted, claim damages, notably for the period he had spent in custody. 128. As regards the pecuniary damage claimed, the Court notes that the Wuppertal Regional Court ordered the forfeiture of 100 German marks (approximately EUR 51.12), this being the proceeds of the offence of which he had been found guilty. However, it cannot speculate as to what the outcome of the proceedings might have been if the violation of the

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