Resolution CM/ ResDH ( 2016) 37 Execution of the judgment of the European Court of Human Rights Piruzyan against Armenia

Application No.

Case

Judgment of

Final on

33376/07

PIRUZYAN

26/06/2012

26/09/2012

(Adopted by the Committee of Ministers on 10 March 2016 at the 1250th meeting of the Ministers ’ Deputies)

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 judgment transmitted by the Court to the Committee in this case and to the violation established concerning the placing and keeping of the applicant in a metal cage during court hearings without any real risk of his absconding or resorting to violence (violation of Article 3 of the Convention), and various other violations concerning his detention on remand due to the shortcoming of the domestic law in force at the time (violations of Article 5, paragraphs 1, 3 and 4);

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;

Noting that the applicant was released from detention and the just satisfaction awarded was paid;

Welcoming the removal of metal cages from all courtrooms in Armenia, following reforms adopted after the above judgment became final (see DH- DD( 2015)435 );

Noting moreover that the general measures to remedy the violations of article 5, paragraphs 1, 3 and 4 in the Piruzyan case concerning the applicant ’ s detention on remand will continue to be supervised in the Poghosyan group (Application No. 44068/07);

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in the case listed above,

DECIDES to close the examination thereof.