MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2021)1419/H46-1

2 December 2021

1419th meeting, 30 November – 2 December 2021 (DH)   H46-1 Mushegh Saghatelyan group v. Armenia (Application No. 23086/08) Supervision of the execution of the European Court’s judgments   Reference document CM/Notes/1419/H46-1

 

Decisions

The Deputies

1.         noted that these cases concern various violations of Articles 3, 5, 6, 11 and 13 of the Convention in context of disproportionate and unnecessary dispersal by the authorities of the wide-scale opposition protests against the outcome of the 2008 presidential elections;

As regards individual measures

2.         considered that no further individual measures are necessary in the Ter-Petrosyan, Matevosyan, Jhangiryan, Smbat Ayvazyan, Myasnik Malkhasyan and Hovhannisyan cases; decided consequently to close the supervision of four of these cases and adopted Final Resolution CM/ResDH(2021)420;

3.         invited the authorities to provide detailed information on the investigation progress in the Mushegh Saghatelyan case and repeatedly invited them to rapidly complete this investigation to avoid, as far as possible, prescription or the loss of evidence;

4.         requested the authorities to provide complete information on the payments of the just satisfaction in this group of cases, notably in the case of Gaspari;

As regards general measures

5.         invited the authorities to keep the Committee informed on the progress in the construction of the new prison and on transitional measures adopted to improve conditions of detention in Nubarashen prison, as well as on the promptness of judicial examination of complaints against prison administration;

6.         noted that the issues related to the ill-treatment by the police and inefficient investigation thereof are being examined in the framework of Virabyan group of cases and so decided to focus their examination on measures addressing issues related to disproportionate and unnecessary dispersal of peaceful demonstrations and interference with the right to freedom of assembly as well as conditions of detention;

7.         welcomed the adoption of the new Code of Criminal Procedure with intention to strengthen the guarantees against unlawful detention and ensuring fair trial standards;

8.         strongly encouraged the authorities to continue their efforts with a view to ensuring a proper exercise of the right to freedom of assembly and invited them to provide the Committee with the statistical data for the period of 2019-2021 enabling it to assess the progress achieved;

9.         invited further the authorities to provide examples of judicial practice in the application of the Code of Administrative Procedure as concerns the right to complain against any restrictions to or prohibition of assemblies, as well as the information on the use of the compensatory remedy in similar cases;

10.       finally, invited the authorities to provide information on the role of the new Patrol Service and other police units in policing mass demonstrations and on specific training for the police on ensuring safe exercise of the right to freedom of assembly;

11.       invited the authorities to provide, by 30 September 2022, updated information on all questions raised and decided to resume their examination of this group of case at one of the DH meetings in 2023.