Published on 26 September 2022

FOURTH SECTION

Application no. 54338/17 Vartgez GASPARI against Armenia lodged on 29 June 2017 communicated on 9 September 2022

SUBJECT MATTER OF THE CASE

The application concerns a decision of the Criminal Court of Appeal whereby the applicant’s appeal against his conviction was declared inadmissible on formal grounds. Notably, the Criminal Court of Appeal found that the applicant had failed to respect the one-month time-limit for lodging an appeal because the time-limit in question had started running from the date of the pronouncement of the contested judgment, whereas the applicant argued that the said time-limit had started running from the date of service of the judgment.

The final decision of the Court of Cassation was served on the applicant on 29 December 2016.

QUESTION TO THE PARTIES

Was the refusal of the Criminal Court of Appeal to examine the applicant’s appeal against his conviction in breach of the applicant’s right of access to court guaranteed under Article 6 § 1 of the Convention (see Labergère v. France , no. 16846/02, § 17, 26 September 2006; Walchli v. France , no. 35787/03, §§ 27-29, 26 July 2007; and Maresti v. Croatia , no. 55759/07, §§ 36-38, 25 June 2009)? The Government are requested to explain, in particular, what is the starting point for the calculation of the one-month time-limit for lodging an appeal under domestic law and practice: the date of the pronouncement or the date of service of the contested judicial act?