Resolution CM/ ResDH (2018)191 Execution of the judgments of the European Court of Human Rights Seven cases against Armenia

(Adopted by the Committee of Ministers on 7 June 2018 at the 1318 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

6729/07

MALKHASYAN

26/06/2012

26/09/2012

24173/06

ASATRYAN

09/02/2010

09/05/2010

44837/08

MINASYAN

08/04/2014

08/07/2014

44286/12

BADALYAN

20/07/2017

20/07/2017

50520/08

HOVHANNISYAN

20/07/2017

20/07/2017

12895/06

MURADKHANYAN

05/06/2012

05/09/2012

629/11

ARA HARUTYUNYAN

20/10/2016

20/01/2017

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 applicants ’ unlawful detention on remand , the unreasonable length of pre-trial detention, the lack of relevant and sufficient reason by national courts when reviewing the lawfulness of the applicants ’ detention and its extension and the refusal by domestic courts to examine one applicant ’ s appeal on grounds not envisaged by domestic law ;

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 in order 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(2014)326 );

Considering that the question of individual measures has been resolved, given that the just satisfaction has been paid in all cases and that none of the applicants remain in pre-trial detention, having been either sentenced or released;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments is being examined within the framework of the Poghosyan 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.