Resolution CM/ResDH(2019)287
Execution of the judgments of the European Court of Human Rights
Two cases against Armenia
(Adopted by the Committee of Ministers on 13 November 2019 at the 1360th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
15485/09
CHAP LTD
04/05/2017
04/08/2017
27866/10
TER-SARGSYAN
27/10/2016
27/01/2017
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 an unreasonable restriction of the applicants’ right to examine witnesses whose testimony played a decisive role in securing their conviction (violations of Article 6, paragraph 3 (d) taken together with Article 6, paragraph 1);
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 report 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(2019)828);
Considering that the question of individual measures was therefore resolved, given that the impugned domestic proceedings have been reopened and the applicants’ cases re-examined;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments is being examined within the framework of the Gabrielyan group and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;
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.
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