Published on 1 December 2025
FIFTH SECTION
Application no. 19367/19
Arsine KHANJYAN
against Armenia
lodged on 5 March 2019
communicated on 13 November 2025
SUBJECT MATTER OF THE CASE
The applicant, a famous actress and a director, was arrested at the site of a demonstration where she was filming a documentary about the ongoing protests calling for the Government’s resignation and political reforms. The applicant submits that no arrest record was drawn up for her police custody; that she was not informed about the reasons of her arrest; that her rights and obligations were not explained to her; and that she was deprived of access to legal assistance and other fundamental rights. The applicant was ultimately released within several hours. She lodged an application with the Administrative Court against the Police asking to declare the police officers’ actions unlawful and to provide compensation for non-pecuniary damage sustained.
On 28 February 2017 the Administrative Court discontinued the proceedings on the grounds that the applicant’s complaints could contain elements of various criminal offences and thus her claim should be examined firstly within criminal proceedings. The applicant appealed, arguing, inter alia, that by discontinuing the proceedings, the Administrative Court had deprived her of the opportunity to defend her rights in case it was eventually established that her application did not warrant criminal proceedings.
On 9 February 2018 the above decision was upheld by the Administrative Court of Appeal which relied on, inter alia, the statement of the representative of the Police made in court that the applicant had been arrested in the scope of criminal proceedings. The Court of Appeal maintained that the claimant could only pursue an administrative remedy if the disputed actions did not involve criminal conduct and did not pertain to the domain of criminal law. It also held that should the applicant’s claim not give rise to any criminal sanctions against the police officers concerned, she could lodge a new application with the Administrative Court.
The applicant lodged an appeal on points of law which the Court of Cassation declared inadmissible for lack of merit on 8 August 2018. The decision was served on the applicant on 5 September 2018.
The applicant complains under Articles 6 § 1 and 13 of the Convention of lack of access to court to complain about the unlawful actions/inaction of the police that gave rise to the violations of her Convention rights and lack of effective remedy in that respect.
QUESTIONS TO THE PARTIES
1. Has there been a violation of the applicant’s right of access to a court within the meaning of Article 6 § 1 of the Convention on account of the termination of the proceedings by the Administrative Court (Lupeni Greek Catholic Parish and Others v. Romania [GC], no. 76943/11, §§ 84-89, 29 November 2016)?
2. Did the applicant have at her disposal an effective remedy in respect of her complaint under Article 6 § 1, as required by Article 13 of the Convention?
The Government are invited to indicate the duration of the applicant’s police custody and to submit all the relevant records drawn up in that respect, if any. The Government are also requested to clarify whether any criminal proceedings were instituted in relation to the applicant’s arrest, and if so, to provide the details of the outcome.