FOURTH SECTION

DECISION

Application no. 30332/17 Ararat KHANDOYAN against Armenia

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 8 December 2022 as a Committee composed of:

Anja Seibert-Fohr , President , Armen Harutyunyan, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 April 2017,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr A. Gharagyozyan, a lawyer practising in Yerevan.

The applicant’s complaints under Article 5 § 3 of the Convention concerning the lack of relevant and sufficient reasons for detention were communicated to the Armenian Government (“the Government”). Complaints based on the same facts were also communicated under other provisions of the Convention.

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Armenia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will 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 undertake 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 case.

THE LAW

The Court 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 a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 12 January 2023.

Viktoriya Maradudina Anja Seibert-Fohr Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 5 § 3 of the Convention

(lack of relevant and sufficient reasons for detention)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well ‑ established case-law

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

30332/17

13/04/2017

Ararat KHANDOYAN

1974Gharagyozyan Ara

Yerevan

Art. 5 (1) - unlawful detention - Failure to provide any reasons and to set any time-limits when authorising continuation of detention during trial (Vardan Martirosyan v. Armenia, no. 13610/12, §§ 45-50, 15 June 2021).

07/04/2022

17/01/2022

3,900

250[1] Plus any tax that may be chargeable to the applicant.

[2] Plus any tax that may be chargeable to the applicant.