122. In the present case, the Court has established that the Respondent State
violated the Applicant’s right to a fair trial, provided for in Article 7(1) of the
Charter read together with Article 14(1) of the ICCPR, insofar as it failed to
deliver in open court Judgment No. 31528 of 12 March 2013 of the Court of
Appeal of Tunis as well as the Judgment No. 45501/46360 of 4 December
2017 of the Supreme Court. The Applicant’s request for reparations must
therefore be examined in the light of the established violations.
A. Pecuniary reparations
i.
Material prejudice
123. In the instant case, the Applicant prays the Court to order the Respondent
State to return to him the property in dispute, at the price concluded at the
first auction, and to compensate him with an amount not less than ThirtyOne Million (31 000 000) Euros for the prejudice suffered. The Applicant
prays, in the event that it is impossible to return the property, that he should
be paid compensation of at least Fifty Million (50 000 000) Euros for all the
prejudice suffered. However, he does not demonstrate the causal link
between the material prejudice suffered and the violation of his right to fair
trial, in particular the non-delivery of the above-mentioned decisions in open
court, as provided for in Article 7(1) of the Charter.
124. In any event, the Court is of the view that is findings in the present Judgment
do not affect the decisions of domestic courts regarding the outcome of the
bid, or the Applicant’s ownership of the property involved.
125. Consequently, the Court dismisses the Applicant’s prayer for reparation for
material prejudice.
ii. Moral prejudice
126. Without specifically mentioning moral prejudice, the Applicant prays the
Court in general terms to grant him reparations.
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