SELMOUNI v. FRANCE JUDGMENT
37
C. Costs and expenses
127. The applicant claimed, on the basis of his receipts, FRF 203,814 in
respect of his costs and expenses of representation. He broke the sum down
as follows: FRF 90,450 for the proceedings in the Versailles courts and
FRF 113,364 for the proceedings before the Convention institutions, less the
sums awarded in legal aid by the Commission and the Court.
128. The Government submitted that the question of the application of
Article 41 was not ready for decision.
129. The Delegate of the Commission made no observations.
130. The Court considers reasonable the applicant’s claim for costs and
expenses incurred before the Commission and the Court, namely
FRF 113,364. It awards him that amount in full, less the amounts received
in legal aid from the Council of Europe which have not already been taken
into account in the claim.
D. Default interest
131. According to the information available to the Court, the statutory
rate of interest applicable in France at the date of adoption of the present
judgment is 3.47% per annum.
E. Request for a declaration that the sums in question should be
exempt from attachment
132. The applicant pointed out that he had been ordered to pay, jointly
and severally with the other persons convicted in the proceedings against
them, a customs fine of twelve million French francs. Accordingly, the
applicant asked the Court to specify in its judgment that the sums awarded
under Article 41 should be exempt from attachment.
133. The Court considers that the compensation fixed pursuant to
Article 41 and due by virtue of a judgment of the Court should be exempt
from attachment. It would be incongruous to award the applicant an amount
in compensation for, inter alia, ill-treatment constituting a violation of
Article 3 of the Convention and costs and expenses incurred in securing that
finding if the State itself were then to be both the debtor and creditor in
respect of that amount. Although the sums at stake were different in kind,
the Court considers that the purpose of compensation for non-pecuniary
damage would inevitably be frustrated and the Article 41 system perverted
if such a situation were to be deemed satisfactory. However, the Court does
not have jurisdiction to accede to such a request (see, among other
authorities, the Philis v. Greece judgment of 27 August 1991, Series A
no. 209, p. 27, § 79, and the Allenet de Ribemont v. France judgment of