Yonko
Grozev
Attorney
at Law
Karnegi
7, Sofia 1000
Tel./Fax: +3592 9812403
Claudia
Westerdiek
Section Registrar
European
Court of Human Rights
First Section
Fax
+333 88 41 27 30
August 2008
Application
№ 74651/01
Association of Citizens Radko and
Paunkovski v. The
Dear
Ms. Westerdiek,
In
response to your letter of
Sincerely yours,
Yonko Grozev
CLAIM FOR JUST SATISFACTION
in the European Court
of Human Rights
in the case of
Association of Citizens Radko and
Paunkovski v. The
Application No. 74651/01
August 2008
1.
The refusal of the Macedonian
authorities to register the applicants’ political party limited the ability of both the second applicant as a chairman of the Association
and all other founding members of the organization along with him to exercise
their freedom of association and expression. This has
lead to a violation of the applicants’ rights under Articles 10 and 11 of the
Convention.
2.
In
accordance with Article 41 of the Convention the applicants claim just
satisfaction for non-pecuniary damage for the emotional pain and suffering caused to
the individual applicant, as well as the emotional suffering caused to all the
members of the first applicant, the Association of Citizens Radko, by the violation of their rights under Articles 10
and 11 of the Convention and costs and expenses. The
applicants claim as follows:
1)
non-pecuniary damages on behalf of all
members of the Association, for the dissolution of the political party, to be
held in trust by the applicant Mr. Vladimir Paunkovski, in the amount of EUR 5,000,000
(five million euro);
2)
non-pecuniary damages on behalf of all
members of the Association, for the violation of their freedom of expression,
to be held in trust by the applicant Mr. Vladimir Paunkovski, in the amount of
EUR 5,000,000 (five million euro) and
3)
costs and expenses in the amount of 5240 EUR (five thousand two hundred and
forty
euro) for the proceedings before the ECtHR.
3.
Under Article 41, non-pecuniary damages
should be awarded in full to anyone who has suffered a violation of the
Articles of the Convention. Theses damages should compensate the victim for the
suffering and distress caused by such violation.
4. In
its case law the Court has outlined a number of circumstances that are relevant
when estimating the appropriate amount of non-pecuniary damages. These factors are the intensity of the pain and
suffering during the event, the humiliating nature of the experience as well as
its overall duration and the attitude and behaviour of the
authorities.
5. In the present case,
the applicant party’s by-laws was approved by the Ohrid Court of First Instance
and the party was active for approximately two years before being declared
unconstitutional and dissolved by the Ohrid Court of First Instance. The
applicants therefore sustained non-pecuniary damage on account of its
dissolution.[1]
6. Not only the second applicant’s rights with respect to associating with
others in pursuit of common goals, but also his right to freedom of expression
has been limited, as the arguments developed by the Constitutional Court of the
Republic of Macedonia, the accompanying actions of the Macedonian authorities
and the media coverage they received, made it practically impossible for him to
express his views and opinions in public. Since the creation
of the Association and the public announcement of its views and intended
activities, he has been constantly harassed and his public activities and his
freedom of expression have been practically made impossible.
7. The applicants note
that, in the context of the execution of judgments in accordance with Article
46 of the Convention, a judgment in which the Court finds a breach imposes on
the respondent State a legal obligation under that provision to make reparation
for its consequences in such a way as to restore as far as possible the
situation existing before the breach. It follows, inter alia, that a judgment in which the
Court finds a violation of the Convention imposes on the respondent State a
legal obligation not just to pay those concerned the sums awarded by way of
just satisfaction, but also to choose the appropriate individual measures to be
adopted in its domestic legal order.[2]
In this respect and having regard to the particular circumstances of this case,
the applicants respectfully request the Court to hold that the Macedonian Government is to secure the
registration of the political party Association of Citizens Radko.
8. The applicants finally
claim 5240 EUR (five thousand two hundred and
forty euro) in costs for the proceedings before the European Court of Human Rights, for legal representation
for a total of hours of legal work,
described in the enclosed Time Sheet, at a rate of 80
Euro per hour, as agreed between the applicant Mr. Paunkovski
and
counsel Grozev, to be paid directly to his legal counsel.
August 2008
____________
Yonko Grozev
Counsel
1.
Attorney Agreement, Exhibit no. 1;
2.
Time Sheet, Exhibit no. 2.