NGOs under European Convention on Human Rights / Tymofeyeva

without law); 1527 Article 8 (right to respect for private life); 1528 Article 9 (right to manifest religion); 1529 Article 10 (freedom of expression); 1530 Article 11 (freedom of assembly and association); 1531 Article 13 (right to an effective remedy); 1532 Article 14 and Article 1 of Protocol No. 12 (right not to be discriminated); 1533 Article 1 Protocol No. 1 (right to peaceful enjoyment of possessions); 1534 Article 3 Protocol No. 1 (rights to free elections), 1535 Article 2 of Protocol No. 7 (right of appeal in criminal matters); 1536 Article 3 of Protocol No. 7 (right to compensation for wrongful conviction); 1537 and Article 4 Protocol No. 7 (right not to be tried or punished twice). 1538 All the case-law confirming this practice was described in separate sections of Chapter II of this book. The last group of conclusions was produced in Chapter III concerning the issue of just satisfaction. It was derived that the phrase ‘just satisfaction’ is different from the term ‘satisfaction’ under the DARS introduced by the UN International Law Commission. The first term, applied in the Convention, is much wider and may include all types of reparation from restitution, 1539 through compensation, 1540 to satisfaction. 1541 The just satisfaction award under Article 41 of the Convention consists of four key elements: 1) pecuniary damage; 2) non-pecuniary damage; 3) cost and expenses, and 4) default interest. As to components one, three and four, it is obvious that Article 34 NGOs are entitled to receive these types of redress. Non pecuniary damage was problematic as it is unclear how a legal entity may suffer it. The Court, in the case of Comingersoll S.A. v. Portugal, 1542 explained that a legal entity may suffer non-material damage as a result of affliction of the company’s reputation and suffering of the members of the management team, and, accordingly, deserves financial compensation. As to the amounts of the just satisfaction awarded by the

1527 Radio France, cited above. 1528 Wieser and Bicos Beteiligungen GmbH, cited above. 1529 Savez crkava “Riječ života”, cited above. 1530 OOO Ivpress, cited above.

1531 Partidul Comunistilor (Nepeceristi) , cited above; Demokratik Kitle Partisi and Elçi, cited above; United Communist Party of Turkey and Others v. Turkey , 30 January 1998, Reports of Judgments and Decisions 1998-I, Socialist Party of Turkey (STP), cited above; and Republican Party of Russia , cited above. 1532 Sylenok and Tekhnoservis-Plus , cited above, and Amat-G Ltd , cited above. 1533 Savez crkava “Riječ života”, cited above. 1534 Centro Europa 7 S.r.l., cited above. 1535 Russian Conservative Party , cited above. 1536 Siglfirðingur ehf, cited above. 1537 Marpa Zeeland B.V. and Metal Welding B.V., cited above. 1538 Grande Stevens, cited above; Synnelius and Edsbergs Taxi AB (dec.), cited above; K.S. and K.S. AG (dec.), cited above , and Saarekallas OÜ (dec.), cited above. 1539 Dacia S.R.L., cited above, § 44, and Oleksandr Volkov , cited above, § 208. 1540 Lawyer Partners a.s., cited above, § 65, and Amat-G Ltd and Mebaghishvili , cited above, § 76. 1541 RTBF, cited above, § 120. 1542 Comingersoll [GC], cited above, § 35.

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