48 AUAD v. BULGARIA JUDGMENT expulsion to Lebanon, entailing a risk for his life, and the lack of procedural safeguards in that regard, had caused him stress, fear and a sense of helplessness. He claimed a further EUR 20,000 in respect of the alleged breach of Article 5 § 1 of the Convention, emphasising the excessive duration of his detention in poor conditions. He claimed EUR 10,000 in respect of an alleged breach of Article 5 § 4 of the Convention, submitting that he suffered frustration on account of the lack of speedy and effective judicial review of his detention. Lastly, he claimed EUR 10,000 in respect of the alleged breaches of Articles 8 and 13 of the Convention, submitting that the formal manner in which the courts had reviewed the order for his expulsion and the impossibility for him to lead a normal life in Bulgaria, even if released from detention, had given rise to feelings of injustice and humiliation. 142. The Government submitted that the claims were excessive, especially considering that the events on which they were based were hypothetical and had not yet occurred. In their view, the amount of compensation should not exceed the awards made in previous similar cases against Bulgaria, and should reflect the fact that part of the applicant’s complaints was rejected by the Court. 143. The Court observes that in the present case an award of just satisfaction can be based only on the violations of Article 3, Article 5 § 1, and Article 13 read in conjunction with Article 3. The applicant’s claims in relation to the alleged breaches of Article 5 § 4, Article 8, and Article 13 read in conjunction with Article 8 must therefore be rejected. 144. The Court further observes that no breach of Article 3 has as yet occurred. In those circumstances, it considers that its finding regarding Article 3 amounts of itself to sufficient just satisfaction (see Soering v. the United Kingdom, 7 July 1989, §§ 126-27, Series A no. 161; Chahal, cited above, § 158; and Saadi, cited above, § 188). The same is true of the Court’s related finding regarding Article 13 (see Gebremedhin [Gaberamadhien], cited above, § 79). Conversely, the Court considers that the distress suffered by the applicant as a result of his detention pending deportation cannot wholly be compensated by the finding of violation (see Quinn v. France, 22 March 1995, § 64, Series A no. 311, and Raza, cited above, § 88). Having regard to the awards made in similar cases, and ruling on an equitable basis, as required under Article 41, the Court awards the applicant EUR 3,500, plus any tax that may be chargeable. B. Costs and expenses 145. The applicant sought reimbursement of EUR 1,800 incurred in legal fees for the proceedings before the Court, and EUR 46 for postage.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents