Lexploria

Communicated on 18 June 2019

FIRST SECTION

Application no. 685/16 Artak GEVORGYAN against Armenia and 6 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applications concern decisions of the Criminal and Civil Courts of Appeal and the Court of Cassation whereby the applicants ’ appeals were declared inadmissible on formal grounds. The appellate courts found that the applicants had failed to respect the one-month time-limit for lodging appeals. They reasoned in particular that the time-limits in question had started running from the date of the pronouncement of the contested judicial decisions, while the applicants argued that the time-limit had started running from the date of service of the contested decisions. In addition, in some of the applications the applicants complain of refusals by the appellate courts to admit appeals also because the applicants had failed to file applications seeking an extension of the one-month time-limit, whereas the domestic law did not contain such a requirement.

QUESTIONS tO THE PARTIES

Was the alleged denial of access to the Civil and Criminal Courts of Appeal and the Court of Cassation in breach of the applicants ’ rights guaranteed under Article 6 § 1 of the Convention?

In particular, under the domestic law, what is the starting point for the calculation of the one-month time-limit for lodging an appeal, the date of the pronouncement or the date of service of the contested judicial acts?

In any event, where appeals had been lodged within a period of one month from the date of service of the contested judicial act, were the applicants required to submit requests seeking to restore the time-limits for lodging an appeal? If so, which provisions of domestic law provided for such a requirement?

No.

Application

no.

Lodged on

Applicant name,

date of birth,

place of residence

Represented by

Domestic court

Nature of the dispute

Nature of the alleged violation

685/16

17/12/2015

Artak GEVORGYAN

09/02/1992

Yerevan

Tigran SAFARYAN

Court of Cassation

Imposition of a fine

Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act

15736/16

04/03/2016

Vachik KARAPETYAN

11/10/1964

Vanadzor

Tigran YEGORYAN

Court of Cassation

Civil dispute

Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act, and that the applicant had failed to submit an application seeking to restore the time-limit

24649/16

21/04/2016

Gor SHAKARYAN

16/05/1992

Yerevan

Tigran YEGORYAN

Court of Cassation

Imposition of a fine

Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act, and that the applicant had failed to submit an application seeking to restore the time-limit

25718/16

28/04/2016

Anik DAVTYAN

09/03/1938

Artashat

Tigran YEGORYAN

Civil Court of Appeal

Civil dispute

Access to court denied on the grounds that the appeal was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act

54620/16

01/09/2016

Zhorzh MINASYAN

25/05/1941

Yerevan

Lilit MANASERYAN

Court of Cassation

Civil dispute

Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act

77120/16

07/12/2016

Vahe BABAYAN

18/09/1969

Yerevan

Criminal Court of Appeal

Criminal case

Access to court denied on the grounds that the appeal was lodged out of time, as the one-month time-limit started running from the date of pronouncement of the contested judicial act

13116/18

02/03/2018

FOCUS ART NGO

13/09/2016

Yerevan

Ashot BOYAJYAN

21/01/1975

Yerevan

Tigran YEGORYAN

Court of Cassation

Criminal case involving a civil claim

Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act, and that the applicant had failed to submit an application seeking to restore the time-limit

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GEVORGYAN v. ARMENIA and 6 other applications

GEVORGYAN v. ARMENIA and 6 other applications

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