88
A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
“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.”
The Government contended that an award of just satisfaction would be
neither necessary nor appropriate in the present case.
A. Damage
1. The applicants’ claims
235. The applicants submitted that monetary just satisfaction was
necessary and appropriate. When assessing quantum, guidance could be
obtained from domestic court awards in respect of unlawful detention and
also from awards made by the Court in past cases (they referred, inter alia,
to Perks and Others v. the United Kingdom, nos. 25277/94, 25279/94,
25280/94, 25282/94, 25285/94, 28048/95, 28192/95 and 28456/95,
12 October 1999, where 5,500 pounds sterling (GBP) was awarded in
respect of six days’ unlawful imprisonment, and Tsirlis and Kouloumpas v.
Greece, 29 May 1997, Reports 1997-III, where the applicants were awarded
the equivalent of GBP 17,890 and GBP 16,330 respectively in relation to
periods of thirteen and twelve months’ imprisonment for refusing to
perform military service).
236. The first applicant claimed compensation for his loss of liberty
between 19 December 2001 and 11 March 2005, a period of three years and
eighty-three days, and the consequent mental suffering, including mental
illness. He submitted that the award should in addition take account of the
suffering experienced by his wife and family as a result of the separation
and the negative publicity. He proposed an award of GBP 234,000 to cover
non-pecuniary damage. In addition, he claimed approximately GBP 7,500 in
pecuniary damage to cover the costs of his family’s visits to him in
detention and other expenses.
237. The third applicant claimed compensation for his loss of liberty
between 19 December 2001 and 11 March 2005 and the consequent mental
suffering, including mental illness, together with the distress caused to his
wife and children. He proposed a figure of GBP 230,000 for non-pecuniary
damage, together with pecuniary damage of GBP 200 travel costs, incurred
by his wife, and a sum to cover his lost opportunity to establish himself in
business in the United Kingdom.
238. The fifth applicant claimed compensation for his detention between
19 December 2001 and 22 April 2004, his subsequent house arrest until
11 March 2005 and the consequent mental suffering, including mental
illness, together with the distress caused to his wife and children. He
proposed a figure of GBP 240,000 for non-pecuniary damage, together with
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