Resolution CM/ResDH(2021)420

Execution of the judgments of the European Court of Human Rights

Four cases against Armenia

(Adopted by the Committee of Ministers on 2 December 2021

at the 1419 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

61730/08

MATEVOSYAN

10/10/2019

10/10/2019

44841/08

JHANGIRYAN

08/10/2020

08/01/2021

49020/08

MYASNIK MALKHASYAN

15/01/2021

8049/10

HOVHANNISYAN

18/05/2021

18/05/2021

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 disproportionate and unnecessary dispersal by the authorities of the wide-scale opposition protests against the outcome of the 2008 presidential elections, unlawful arrest and detention and lack of relevant and sufficient reasons for subsequent detention, prosecution and convictions of activists and opposition supporters and ungrounded dismissal of a civil servant following his participation in the protest (violations of Articles 5, 6 and 11);

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 information provided by the government indicating the individual measures adopted 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(2021)980 );

Considering that the question of individual measures has therefore been resolved given that none of the applicants is detained, the convicted applicants have been acquitted, the dismissed civil servant did not request the reopening of domestic proceedings, the applicants are not prevented from exercising their right to freedom of assembly, and the just satisfaction has been paid in all cases;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Mushegh Saghatelyan group of cases and that the closure of these cases does not prejudge the assessment of the general measures required by the Committee,

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.