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JHANGIRYAN v. ARMENIA

Doc ref: 44841/08 • ECHR ID: 001-115843

Document date: December 11, 2012

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JHANGIRYAN v. ARMENIA

Doc ref: 44841/08 • ECHR ID: 001-115843

Document date: December 11, 2012

Cited paragraphs only

THIRD SECTION

Applications nos . 44841/08 and 63701/09 Gagik JHANGIRYAN against Armenia lodged on 16 July 2008 and 17 November 2009 respectively

The facts and complaints in these cases have been summarised in the Court ’ s decision on admissibility, which is available in HUDOC.

QUESTIONS to the parties

1 . Was the applicant ’ s deprivation of liberty between 11.30 p.m. on 23 February 2008 and the time when the Kentron and Nork-Marash District Court decided to detain the applicant on 27 February 2008 lawful within the meaning of Article 5 § 1 of the Convention?

2. Was the applicant ’ s arrest based on a reasonable suspicion of his having committed an offence within the meaning of Article 5 § 1 of the Convention?

3. Did the domestic courts provide “relevant” and “sufficient” reasons for the applicant ’ s detention, as required by Article 5 § 3 of the Convention?

4. Was the applicant ’ s right to a fair hearing by an impartial tribunal within the meaning of Article 6 § 1 of the Convention violated? In particular , did the fact that the son of Judge V. , who presided over the examination of the applicant ’ s case by the Kentron and Nork-Marash District Court of Yerevan , was a member of the investigators ’ group established to investigate the applicant ’ s case gave rise to a legitimate doubt as regards Judge V. ’ s impartiality?

5. Did the applicant ’ s prosecution and subsequent conviction amount to an interference with his right to freedom of expression and freedom of peaceful assembly under Article s 10 and 11 of the Convention? If so , did such interference comply with the requirements of Articles 10 § 2 and 11 § 2 of the Convention?

6. Did the applicant , by being prosecuted and convicted , fall victim t o discrimination on the basis of his political opinion in violation of the guarantees of Article 14 of the Convention?

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