Le Compte, Van Leuven and de Meyere Case

Abstract

State responsibility — Damages (Measure of damages) — Award of damages in general — Grounds for awarding damages — European Convention on Human Rights, 1950, Article 50 — Just satisfaction in respect of established breach — Pecuniary and non — pecuniary loss — Costs and expenses incurred in establishing violation — Equitable assessment of quantum

Disputes — Other international courts — European Court of Human Rights — Proceedings for just satisfaction in respect of established breach of European Convention on Human Rights, 1950 — Whether applicable — Undertaking from Government to annul sanctions sought — Whether within competence of the Court

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6(1) — Violation of right to fair and public hearing established — Article 50 — Whether applicable — Just satisfaction — Injured party — Complete reparation — Undertaking from Government to annul disciplinary and penal sanctions sought — Whether within powers of the Court to order annulment — Whether sanctions consequences of breach — Pecuniary and non-pecuniary loss — Costs and expenses — Whether incurred in order to prevent violation or obtain redress thereof — Proceedings before domestic courts — Exhaustion of local remedies — Proceedings before Convention institutions — Equitable assessment