Resolution CM/ResDH(2018)191
Execution of the judgments of the European Court of Human Rights
Seven cases against Armenia
(Adopted by the Committee of Ministers on 7 June 2018
at the 1318th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
6729/07
MALKHASYAN
26/06/2012
26/09/2012
24173/06
ASATRYAN
09/02/2010
09/05/2010
44837/08
MINASYAN
08/04/2014
08/07/2014
44286/12
BADALYAN
20/07/2017
20/07/2017
50520/08
HOVHANNISYAN
20/07/2017
20/07/2017
12895/06
MURADKHANYAN
05/06/2012
05/09/2012
629/11
ARA HARUTYUNYAN
20/10/2016
20/01/2017
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 the applicants’ unlawful detention on remand, the unreasonable length of pre-trial detention, the lack of relevant and sufficient reason by national courts when reviewing the lawfulness of the applicants’ detention and its extension and the refusal by domestic courts to examine one applicant’s appeal on grounds not envisaged by domestic law;
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 in order 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(2014)326);
Considering that the question of individual measures has been resolved, given that the just satisfaction has been paid in all cases and that none of the applicants remain in pre-trial detention, having been either sentenced or released;
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 Poghosyan case and that the closure of these cases 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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