13
COLOZZA v. ITALY JUGDMENT
unreasonable to regard Mr. Colozza as having suffered a loss of real
opportunities (see, mutatis mutandis, the Goddi judgment of 9 April 1984,
Series A no. 76, pp. 13-14, para. 35). To this has to be added the nonpecuniary damage undoubtedly suffered by him and by his widow.
These elements of damage do not lend themselves to a process of
calculation. Taking them on an equitable basis, as is required by Article 50
(art. 50), the Court awards Mrs. Colozza, who must be recognised as having
the status of "injured party" (see, mutatis mutandis, the above-mentioned
Deweer judgment, Series A no. 35, pp. 19-20, para. 37, and p. 32, para. 60,
and, a contrario, the X v. the United Kingdom judgment of 18 October
1982, Series A no. 55, p. 16, para. 19), an indemnity of 6,000,000 Lire.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Holds that there has been a violation of Article 6 para. 1 (art. 6-1);
2. Holds that the respondent State is to pay to Mrs. Colozza six million
(6,000,000) Lire by way of just satisfaction.
Done in English and in French, and delivered at a public hearing at the
Human Rights Building, Strasbourg, on 12 February 1985.
Gérard WIARDA
President
Marc-André EISSEN
Registrar