Information Note on the Court’s case-law No.
June 1994
Barberà, Messegué and Jabardo v. Spain (just satisfaction) - 10588/83, 10590/83 and 10589/83
Judgment 13.6.1994
Article 41
Costs and expenses
Non-pecuniary damage
Pecuniary damage
Claim for just satisfaction by applicants whom the Court, in an earlier judgment, had held to be victims of a violation of Article 6 § 1 of the Convention
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
A.DAMAGE
Causal connection: applicants were kept in prison as a direct consequence of trial found by the Court to be in violation of Article 6 § 1 - real loss of opportunity to defend themselves and to secure a more favourable outcome.
Restitutio in integrum: could not be afforded by subsequent release and acquittal of applicants.
Possibility existed of obtaining compensation under Spanish law, but Court not bound to stay proceedings - if applicants were required to exhaust remedies a third time, the total length of proceedings would not be consistent with an effective protection of human rights.
Pecuniary and non-pecuniary damage calling for compensation to be assessed on an equitable basis.
Conclusion: respondent State to pay specified sums to the applicants for damage (thirteen votes to three).
B.COSTS AND EXPENSES
Claim allowed in part.
Conclusion: respondent State to pay specified sum to the applicants for costs and expenses (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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