Communicated on 18 June 2019
FIRST SECTION
Application no. 685/16
Artak GEVORGYAN against Armenia
and 6 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern decisions of the Criminal and Civil Courts of Appeal and the Court of Cassation whereby the applicants’ appeals were declared inadmissible on formal grounds. The appellate courts found that the applicants had failed to respect the one-month time-limit for lodging appeals. They reasoned in particular that the time-limits in question had started running from the date of the pronouncement of the contested judicial decisions, while the applicants argued that the time-limit had started running from the date of service of the contested decisions. In addition, in some of the applications the applicants complain of refusals by the appellate courts to admit appeals also because the applicants had failed to file applications seeking an extension of the one-month time-limit, whereas the domestic law did not contain such a requirement.
QUESTIONS tO THE PARTIES
Was the alleged denial of access to the Civil and Criminal Courts of Appeal and the Court of Cassation in breach of the applicants’ rights guaranteed under Article 6 § 1 of the Convention?
In particular, under the domestic law, what is the starting point for the calculation of the one-month time-limit for lodging an appeal, the date of the pronouncement or the date of service of the contested judicial acts?
In any event, where appeals had been lodged within a period of one month from the date of service of the contested judicial act, were the applicants required to submit requests seeking to restore the time-limits for lodging an appeal? If so, which provisions of domestic law provided for such a requirement?
No.
Application
no.
Lodged on
Applicant name,
date of birth,
place of residence
Represented by
Domestic court
Nature of the dispute
Nature of the alleged violation
685/16
17/12/2015
Artak GEVORGYAN
09/02/1992
Yerevan
Tigran SAFARYAN
Court of Cassation
Imposition of a fine
Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act
15736/16
04/03/2016
Vachik KARAPETYAN
11/10/1964
Vanadzor
Tigran YEGORYAN
Court of Cassation
Civil dispute
Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act, and that the applicant had failed to submit an application seeking to restore the time-limit
24649/16
21/04/2016
Gor SHAKARYAN
16/05/1992
Yerevan
Tigran YEGORYAN
Court of Cassation
Imposition of a fine
Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act, and that the applicant had failed to submit an application seeking to restore the time-limit
25718/16
28/04/2016
Anik DAVTYAN
09/03/1938
Artashat
Tigran YEGORYAN
Civil Court of Appeal
Civil dispute
Access to court denied on the grounds that the appeal was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act
54620/16
01/09/2016
Zhorzh MINASYAN
25/05/1941
Yerevan
Lilit MANASERYAN
Court of Cassation
Civil dispute
Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act
77120/16
07/12/2016
Vahe BABAYAN
18/09/1969
Yerevan
Criminal Court of Appeal
Criminal case
Access to court denied on the grounds that the appeal was lodged out of time, as the one-month time-limit started running from the date of pronouncement of the contested judicial act
13116/18
02/03/2018
FOCUS ART NGO
13/09/2016
Yerevan
Ashot BOYAJYAN
21/01/1975
Yerevan
Tigran YEGORYAN
Court of Cassation
Criminal case involving a civil claim
Access to court denied on the grounds that the appeal on points of law was lodged out of time, as the one-month time-limit was considered to have started running from the date of pronouncement of the contested judicial act, and that the applicant had failed to submit an application seeking to restore the time-limit
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