Information Note on the Court’s case-law No.
November 1993
Kemmache v. France (no. 1 and no. 2) (just satisfaction) - 12325/86 and 14992/89
Judgment 2.11.1993
Article 41
Costs and expenses
Non-pecuniary damage
Pecuniary damage
Claim for just satisfaction by an applicant whom the Court had held to be the victim of a violation of Articles 5 § 3 and 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
Pecuniary damage: entire period of detention on remand reckoned as part of sentence - lack of sufficient causal connection between violations found in the principal judgment and deterioration in applicant's financial and professional circumstances - claim dismissed.
Non-pecuniary damage: compensation assessed on an equitable basis.
B.Security
Security in question lodged several years after end of detention on remand in issue - could not be taken into consideration.
C.Costs and expenses
Reimbursed in part.
Conclusion: respondent State to pay specified sums to the applicant (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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