Resolution CM/ResDH(2023)256

Execution of the judgments of the European Court of Human Rights

Six cases against Armenia

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

6822/10

GASPARI

26/03/2020

26/03/2020

49021/08

SMBAT AYVAZYAN

08/10/2020

08/01/2021

1879/10

MIKAYELYAN

31/08/2021

31/08/2021

63845/09

ARZUMANYAN

31/08/2021

31/08/2021

17804/09

BARSEGHYAN

21/09/2021

21/12/2021

22665/10

PASHINYAN

18/01/2022

18/01/2022

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 detention, lack of judicial review of detention and unfair criminal trial against certain applicants (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 action plan 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(2023)789 );

Considering that the question of individual measures was resolved, given that none of the applicants is detained, the convicted applicants have been acquitted, the applicants are not prevented from exercising their right to freedom of assembly, and the just satisfaction has been paid in all cases in which it was awarded;

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 and Poghosyan groups of cases, also in the light of the Court’s findings in these 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;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the violations in the context of the disproportional and unnecessary dispersal of demonstrations, examined in the framework of the Mushegh Saghatelyan group of cases;

DECIDES to close the examination of these cases.