urt reiterates that, while emphasising the importance of a reasonable amount of just satisfaction being offered by the domestic system for the remedy in question to be considered effective under the Convention, it has held on a number of occasions that a wider margin of appreciation is left to the domestic courts in assessing the amount of compensation to be paid in a manner consistent with its own legal system and traditions and consonant with the standard of living in the country concerned, even if that results in awards of amounts that are lower than those fixed by the Court in similar cases (see Cocchiarella, cited above, § 80, and the finding in paragraph 72 above). However, the Court has also stressed that when awarding compensation for non-pecuniary damage the domestic courts have to justify their decision by giving sufficient reasons (see Scordino (No. 1), cited above, § 204).
78. In this regard the Court observes that the town and regional courts did not rely on any factors other than the degree of responsibility of the management and its lack of financial resources as reasons justifying the reduced compensation. The Court accepts that, applying the compensatory principle, national courts might make an award taking into account the motives and conduct of the defendant and making due allowance for the circumstances in which the wrong was committed. However, it reiterates its finding made in a number of cases that financial or logistical difficulties, as well as the lack of a positive intention to humiliate or debase the applicant, may not be cited by the domestic authorities as circumstances relieving them of their obligation to organise the State's penitentiary system in such a way as to ensure respect for the dignity of detainees (see, among other authorities, Mamedova v. Russia, No. 7064/05, § 63, 1 June 2006). The same logic applies to domestic courts' reasoning in awarding damages when entertaining actions against a State in respect of its tortious conduct. The Court finds it anomalous for the domestic courts to decrease the amount of compensation to be paid to the applicant for a wrong committed by the State by referring to the latter's lack of funds. It considers that in circumstances such as those under consideration the means available to the State should not be accepted as mitigating its conduct, and are thus irrelevant in assessing damages under the compensatory criterion. Furthermore, the Court is of the opinion that the domestic courts, as the custodians of individual rights and freedoms, should have felt it their duty to mark their disapproval of the State's wrongful conduct to the extent of awarding an adequate and sufficient quantum of damages to the applicant, taking into account the fundamental importance of the right of which they had found a breach in the present case, even if they considered that breach to have been an inadvertent rather than an intended consequence of the State's conduct. As a corollary this would have conveyed the message that the State may not set individual rights and freedoms at nought or circumvent them with impunity.
79. In conclusion, taking into account the absence of a reasonable relation of proportionality between the amount of compensation awarded to the applicant and the circumstances of the case and the domestic courts' reasoning in making the award, the Court considers that the redress was insufficient and manifestly unreasonable having regard to the Court's case-law (see paragraph 75 above). As the second condition - appropriate and sufficient redress - has not been fulfilled, the Court finds that the applicant in the instant case may still claim to be a "victim" of a breach of his rights under Article 3 of the Convention on account of his detention in the Neman town detention unit. Accordingly, this objection by the Government must be dismissed.
(b) Other grounds for declaring this complaint inadmissi
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