Resolution CM/ResDH(2023)479
Execution of the judgments of the European Court of Human Rights
Two cases against Armenia
(Adopted by the Committee of Ministers on 7 December 2023
at the 1483rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
2303/12
MANUKYAN
21/06/2022
21/06/2022
2169/12
HOVHANNISYAN AND NAZARYAN
08/11/2022
08/02/2023
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 the authorities’ failure to comply with their positive obligation to protect the applicants’ sons’ right to life during their military service, as well as the absence of effective investigations into their deaths (substantive and procedural violations of Article 2);
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)1242);
Considering that the just satisfaction has been paid in all cases and that no further individual measures can be envisaged in the light of conviction of the perpetrators by the time of delivery of the Court judgments;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Muradyan 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;
CONCLUDES that no further individual measures are possible;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the right to life during the military service, as well as the absence of effective investigations in that regard, examined in the framework of the Muradyan group of cases;
DECIDES to close the examination of these cases.