NGOs under European Convention on Human Rights / Tymofeyeva

3.2.3.2 Non-pecuniary damage The Court’s award in respect of non-pecuniary damage is intended to provide financial compensation for non-material harm. 1420 This harmmay be seen in different forms of mental or physical suffering, for example, due to the loss of freedom or torture. 1421 The nature of non-pecuniary damage does not lend itself to precise calculation. Therefore, the amounts awarded by the Court may vary considerably. There is no right to compensation for non-pecuniary damage even if the suffering of a person was extensive. 1422 If the existence of such damage is established, the Court may award payment of non-pecuniary loss when necessary. It will make an assessment on an equitable basis, having regard to the standards which emerge from its case-law. The Court does not make large awards, rarely going above EUR 100,000 even in cases of death or torture. 1423 It is important for the Court to know how the applicant evaluates the extent of sustained distress. If claimants wish to be compensated for non-pecuniary damage, they are invited to specify a sum, which in their view would be equitable. Applicants who consider themselves victims of more than one violation may claim either a single lump sum covering all alleged violations or a separate sum for each alleged violation. In view of the fact that an award for non-pecuniary loss aims to compensate pain and suffering, such as helplessness, anxiety or frustration, it is obvious that the Court may award such compensation to individuals. The question is whether Article 34 NGOs, being artificial persons, may suffer physical or mental injury. In the beginning, the answer to this question was negative. 1424 For example, in the case Immobiliare Saffi v. Italy, 1425 the Court refused to address this issue. It was not sure whether a company is capable of suffering such damage, 1426 therefore it preferred to conclude that the finding of a violation of the Convention in itself provides sufficient just satisfaction. 1427 In 2000, in the case of Comingersoll S.A. v. Portugal, 1428 the Court revisited this issue and admitted that a legal person may suffer non-material damage and deserves financial compensation. As to the content of non-pecuniary damage sustained by companies, the Court noted that it may include categories of claims that are to a greater or lesser extent ‘objective’ or ‘subjective’. These include the company’s reputation and suffering of the members of the management team. 1420 Article 13 of the Practice Directions on Just satisfaction claims. Rules of Court incorporates amendments to Rule 47 made by the Plenary Court on 6 May 2013. The new edition entered into force on 1 January 2014, p. 63. 1421 Gäfgen v. Germany [GC], no. 22978/05, ECHR 2010. 1422 Ligue du monde islamique and Organisation islamique mondiale du secours islamique v. France , no. 36497/05 and 37172/05, § 65, 15 January 2009.

1423 REID, 2012, cited above, p. 848. 1424 KMEC, 2012, cited above, p. 278. 1425 Immobiliare Saffi v. Italy [GC], no. 22774/93, § 79, ECHR 1999-V. 1426 REID, 2012, cited above, p. 848. 1427 Manifattura FL v. Italy , 27 February 1992, § 22, Series a no. 230-B. 1428 Comingersoll [GC], cited above, § 35.

276