Davtyan and Others v. Armenia

FIRST SECTION

Application no. 25968/16 Vahagn DAVTYAN against Armenia and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 3 September 2020 as a Committee composed of:

Krzysztof Wojtyczek, President,

Linos-Alexandre Sicilianos,

Armen Harutyunyan, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and their representatives is set out in the appended table.

The applicants’ complaints under Article 5 § 3 of the Convention concerning the failure of the courts to provide relevant and sufficient reasons for their detention were communicated to the Armenian Government (“the Government”). Some applicants also raised complaints under Article 5 § 1 (c) of Convention.

The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Armenia in respect of the facts giving rise to the complaints under Article 5 § 3 of the Convention, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the lack of relevant and sufficient reasons for detention under Article 5 § 3 of the Convention.

The applicants in applications nos. 25968/16 and 47326/16 also raised complaints under Articles 5 § 1 (c) of the Convention.

The Court has examined these applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the lack of relevant and sufficient reasons for detention;

Declares the remainder of applications nos. 25968/16 and 47326/16 inadmissible.

Done in English and notified in writing on 24 September 2020.

Liv Tigerstedt Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(lack of relevant and sufficient reasons for detention)

No.

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

25968/16

28/04/2016

Vahagn DAVTYAN

06/08/1973

Beybutyan Kristina

Ejmiatsin

30/03/2020

30/06/2020

1,000

47326/16

28/07/2016

Artur GHAZARYAN

08/03/1989

Safaryan Seda

Yerevan

19/03/2020

27/03/2020

1,500

63391/16

20/09/2016

Boris VANYAN

23/08/1997

Safaryan Seda

Yerevan

19/03/2020

27/03/2020

1,000

70937/17

12/09/2017

Artak HOVHANNISYAN

14/08/1982

Gharagyozyan Ara

Yerevan

27/02/2020

28/04/2020

1,000

[1] Plus any tax that may be chargeable to the applicants.