Resolution CM/ ResDH (2019)288 Execution of the judgments of the European Court of Human Rights Seven cases against Armenia

(Adopted by the Committee of Ministers on 13 November 2019 at the 1360 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

4413/10

MHER ALIKHANYAN

14/02/2019

14/02/2019

65124/09

MASHINYAN AND RAMAZYAN

14/02/2019

14/02/2019

4178/10

VARDANYAN AND HAKHVERDYAN

14/02/2019

14/02/2019

5444/10

PARSADANYAN

14/02/2019

14/02/2019

6818/10

LEVON ALIKHANYAN

14/02/2019

14/02/2019

54769/10

RAMAZYAN

14/02/2019

14/02/2019

4168/10

ALIKHANYAN AND MELIKSETYAN

14/03/2019

14/03/2019

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 established on account of the excessive burden suffered by the applicants because of the insufficient amount of compensation granted for the expropriation of their land for mining needs in the Teghut village in 2008 – 2011 (violations of Article 1 of Protocol No. 1);

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 action plan 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 document DH-DD(2019)1196 ) ;

Considering that the question of individual measures has been resolved, given that the just satisfaction, which also covered the pecuniary damage suffered, has been paid in all cases;

Recalling that the question of the general measures required in response to the shortcomings found by the Court in these judgments is being examined within the framework of the Osmanyan and Amiraghyan case and that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required;

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.