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CENBAUER v. CROATIA JUDGMENT
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
54. Article 41 of the Convention provides:
“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.”
A. Damage
55. The applicant claimed 1,000,000 euros (EUR) in respect of nonpecuniary damage.
56. The Government found that amount excessive and unsubstantiated.
57. The Court considers that the applicant must have suffered some nonpecuniary damage as a result of his detention in the described conditions.
Making an assessment on an equitable basis, the Court awards the applicant
EUR 3,000 under this head, plus any tax that may be chargeable on this
amount.
B. Costs and expenses
58. The applicant, who was granted legal aid, did not make any further
claims in respect of costs and expenses. Accordingly, no award is made
under this head.
C. Default interest
59. The Court considers it appropriate that the default interest should be
based on the marginal lending rate of the European Central Bank, to which
should be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Dismisses the Government's preliminary objection;
2. Holds that there has been a violation of Article 3 of the Convention;
3. Holds
(a) that the respondent State is to pay the applicant, within three months
from the date on which the judgment becomes final according to