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.
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