DRAGOJEVIĆ v. CROATIA JUDGMENT
36
above, § 48). When convicting the applicant the Dubrovnik County Court
took into account the applicant’s statements and the statements of his coaccused and examined them against the statements of other witnesses and
evidence obtained by numerous searches and seizures (see paragraph 45
above).
134. Against the above background, the Court considers that there is
nothing to substantiate the conclusion that the applicant’s defence rights
were not properly complied with in respect of the evidence adduced or that
its evaluation by the domestic courts was arbitrary (see Bykov, cited above,
§ 98). In conclusion, the Court finds that the use of the impugned recordings
in evidence did not as such deprive the applicant of a fair trial.
135. There has accordingly been no violation of Article 6 § 1 of the
Convention.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
136. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
137. The applicant claimed 20,000 euros (EUR) in respect of nonpecuniary damage.
138. The Government considered the applicant’s claim excessive,
unfounded and unsubstantiated.
139. Having regard to all the circumstances of the present case, the
Court accepts that the applicant has suffered non-pecuniary damage which
cannot be compensated for solely by the finding of a violation. Making its
assessment on an equitable basis, the Court awards the applicant EUR 7,500
in respect of non-pecuniary damage, plus any tax that may be chargeable to
him.
B. Costs and expenses
140. The applicant also claimed 16,493.75 Croatian kunas for the costs
and expenses incurred before the Court.
141. The Government considered the applicant’s claim unsubstantiated
and unfounded.
142. According to the Court’s case-law, an applicant is entitled to the
reimbursement of costs and expenses only in so far as it has been shown
that these have been actually and necessarily incurred and are reasonable as
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