FIRST SECTION

DECISION

Application s no s . 1939/18 and 10169/18 Vladimir KHANDAMIRYAN against Armenia and Arshak SARGSYAN against Armenia

( s ee appended table)

The European Court of Human Rights (First Section), sitting on 3 September 2020 as a Committee composed of:

Krzysztof Wojtyczek, President,

Linos-Alexandre Sicilianos,

Armen Harutyunyan, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicant s ’ replies to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants ’ complaints under Article 5 § 3 of the Convention concerning the failure of the courts to provide relevant and sufficient reasons for their detention were communicated to the Armenian Government (“the Government”) . The applicants also raised complaints under Article 5 § 1 (c) of the Convention.

The Government submitted declaration s with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application s .

The Government acknowledged a violation of the applicants ’ rights guaranteed under Article 5 § 3 of the Convention . They offered to pay the applicants the amount s detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount s would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them , from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases .

The applicants informed the Court that they agreed to the terms of the declaration s .

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .

The Court finds that, following the applicants ’ express agreement to the terms of the declaration made by the Government, the case s should be treated as a friendly settlement between the parties.

It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the application s .

In view of the above, it is appropriate to strike the case s out of the list as regards the complaints concerning the failure of the courts to provide relevant and sufficient reasons for the applicants ’ detention .

The applicant s also raised complaints under Article 5 § 1 (c) of the Convention.

The Court has examined the application s listed in the appended table and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the application s must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the lack of relevant and sufficient reasons for the applicants ’ detention ;

Declares the remainder of the applications inadmissible.

Done in English and notified in writing on 24 September 2020 .

Liv Tigerstedt Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

( lack of relevant and sufficient reasons for detention )

No.

Application no. Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

1939/18

08/12/2017

Vladimir KHANDAMIRYAN

03/09/1991

Zalyan Arayik

Vanadzor

17/03/2020

17/05/2020

2,300

10169/18

20/02/2018

Arshak SARGSYAN

03/05/1991

Gharagyozyan Ara

Yerevan

03/03/2020

28/04/2020

1,000

[1] Plus any tax that may be chargeable to the applicants.