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).