SELMOUNI v. FRANCE JUDGMENT 36 A. Damage 120. The applicant claimed 750,000 French francs (FRF) for personal injury. That amount comprised general compensation for the injuries occasioned by the violence he had endured during police custody and special compensation for the effects on his visual acuity, the condition of his eye not yet having stabilised. He claimed FRF 1,500,000 for non-pecuniary damage resulting from his treatment in police custody, the length of the proceedings and the impossibility of obtaining a transfer to the Netherlands to serve his sentence there. 121. The French Government submitted, having regard both to the lack of any distinction between the damage sustained as a result of violations of Article 3 and Article 6 and to the fact that proceedings were in progress before the domestic courts, that the question of the application of Article 41 was not ready for decision. 122. The Delegate of the Commission made no observations. 123. The Court first reiterates its finding that the applicant has neither proved that he was raped nor established a causal link between the violence suffered and the loss of visual acuity relied on (see paragraph 90 above). Nevertheless, it finds, having regard, inter alia, to the five days’ ITTP (see paragraph 31 above) and, in part, to his pain and suffering, that the applicant sustained personal injury in addition to non-pecuniary damage. Accordingly, having regard to the extreme seriousness of the violations of the Convention of which Mr Selmouni was a victim, the Court considers that he suffered personal injury and non-pecuniary damage for which the findings of violations in this judgment do not afford sufficient satisfaction. It considers, having regard to its previous conclusions, that the question of the application of Article 41 is ready for decision and, making its assessment on an equitable basis as required by that Article, it awards him FRF 500,000. B. Request for transfer to the Netherlands 124. The applicant requested a transfer to the Netherlands to serve the remainder of his sentence there. 125. The Netherlands Government, having regard to the circumstances of the case, supported the applicant’s request, observing that the two States concerned are parties to the Convention on the Transfer of Sentenced Persons of 21 March 1993. 126. The Court reiterates that Article 41 does not give it jurisdiction to make such an order against a Contracting State (see, for example, mutatis mutandis, the Saïdi v. France judgment of 20 September 1993, Series A no. 261-C, p. 57, § 47, and the Remli judgment cited above, p. 575, § 54).

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