Resolution CM/ResDH(2024)40
Execution of the judgments of the European Court of Human Rights
Two cases against Armenia
(Adopted by the Committee of Ministers on 14 March 2024
at the 1492nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
11222/12
HAKOBYAN
29/03/2022
29/03/2022
28215/11
BADALYAN
13/06/2023
13/09/2023
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 ill-treatment by police and lack of effective investigations (substantive and procedural violations of Article 3);
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(2024)168);
Considering that the just satisfaction has been paid in all cases and that no further individual measures can be envisaged as the applicants did not apply for the reopening of proceedings within the period prescribed by law;
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 Virabyan group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the substantive and procedural violations of Articles 2 and 3 of the Convention on account of ill-treatment, torture or death in police custody and the lack of effective investigations into these incidents;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;
CONCLUDES that the no further individual measures are possible;
DECIDES to continue to supervise the adoption of the necessary general measures in the framework of the Virabyan group of cases;
DECIDES to close the examination of these cases.