Case 369_19
369_19 personal_scope
19. There is no doubt and it is undisputed among the parties that the
applicants suffered a breach of their rights under Articles 5 § 1 and 11 of the
Convention. In this respect the Court sees no reason to depart from the
conclusion of the national courts, which acknowledged the violation of
these Articles. The Court shares this opinion and does not consider it
necessary to re-examine the merits of this complaint. The Court also notes
that the domestic courts awarded the applicants compensation for
non-pecuniary damage. It thus considers that the principal issue is whether
the award made was proportionate to the damage the applicants sustained. It
recalls in this latter respect that the level of compensation must not be
unreasonable in comparison with the awards made by the Court in similar
cases (see Burdov v. Russia (no. 2), no. 33509/04, § 99, ECHR 2009).
Where, as in the present case, the victim status and therefore, the existence
of a violation, is linked with the monetary redress afforded at domestic
level, the Court’s assessment necessarily involves comparison between the
actual award and the amount that the Court would award in similar cases
(see, mutatis mutandis, Scordino v. Italy (no. 1) [GC], no. 36813/97, §§ 181
and 202, ECHR 2006-V, and Holzinger v. Austria (no. 1), no. 23459/94,
§ 21, ECHR 2001-I).