Resolution CM/ ResDH (2020)94

Execution of the judgments of the European Court of Human Rights

Three cases against Armenia

(Adopted by the Committee of Ministers on 4 June 2020 at the 1377 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

46245/08

AYVAZYAN

18/10/2018

18/10/2018

44769/08

Gaspari

20/09/2018

20/12/2018

28739/09

Voskerchyan

18/10/2018

18/10/2018

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Articles 3 and 5, paragraphs 1 and 3, of the Convention established on account of poor conditions of detention and unlawful detention;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2020)301 ; DH-DD(2020)238 );

Considering that the question of individual measures has therefore been resolved since the applicant ’ s detention has ended and the just satisfaction has been paid;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Mushegh Saghatelyan group of cases and that the closure of these cases does not prejudge the assessment of the general measures required by the Committee,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.