Information Note on the Court’s case-law No.
October 1997
Van Mechelen and Others v. the Netherlands (just satisfaction) - 21363/93, 21364/93, 21427/93 et al.
Judgment 30.10.1997
Article 41
Costs and expenses
Non-pecuniary damage
Claims for just satisfaction by applicants held by the Court to have been victims of a violation of Article 6 § 1 taken together with Article 6 § 3 (d) 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.]
Costs and expenses, domestic proceedings: claims submitted after delivery of the principal judgment, which contained an award in this respect. There is no call for the Court to reconsider that award.
Damage: Court cannot speculate that the outcome of the proceedings would have been different had the violation of the Convention not taken place – on the other hand, the fact remains that the criminal proceedings were not conducted in conformity with the Convention – under Netherlands law it is not possible to obtain a retrial – award made in respect of non-pecuniary damage.
Costs and expenses, Article 50 proceedings: award made on an equitable basis.
Conclusion: respondent State to pay specified sums in respect of non-pecuniary damage (eight votes to one) and Article 50 proceedings (unanimously).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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