Helsinki Citizens' Assembly-Vanadzor

ECHR delivers a judgment on Dimaksyan v Armenia case: Armenia to pay EUR 30,000

October 17, 2023

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In its judgment of 17․10․2023 for the case of Dimaksyan v Armenia, the European Court of Human Rights recorded the fact of violation of M.Dimaksyan’s right to life, obliging the RA to pay EUR 30000 to M.Dimaksyan’s father as compensation for non-pecuniary damage.

 

In November 2010 M. Dimaksyan was drafted into the Armenian army. On 5 February 2012 M. Dimaksyan was shot on the shoulder by his fellow serviceman G.A., with whom he was on watch duty that day. Dimaksyan died on his way to hospital as a result of severe blood loss. It was impossible to provide medical aid to injured Dimaksyan for hours on end, since after being injured, Dimaksyan was put in a military truck, after which he was transported to the medical vehicle, which not only had not been running properly but also lacked appropriate emergency assistance equipment and appliances. A criminal case was initiated and a forensic examination was appointed on the same day. On 9 February 2012 only G.A. was charged under Article 373 § 3 of the Criminal Code of Armenia with breaching the rules on handling assault rifles.

 

Helsinki Citizens’ Assembly-Vanadzor advocate Arayik Zalyan represented Dimaksyan’s legal interests in domestic courts and later before the ECHR.

 

11 years after Dimaksyan’s death, ECHR upheld the application taking into account that the state failed to comply with its positive obligation. Dimaksyan’s death was caused by the state’s failure to ensure safe conditions for servicemen during military service. In particular, military authorities in charge of the military unit and specifically of organizing watch duty on the day of the incident had failed to supervise the correct use of weapons and equipment. Furthermore, the State had failed to ensure the availability of emergency medical assistance.

 

The Court holds that the RA violated Dimaksyan’s right to life safeguarded under Article 2 of the Convention under its substantive and procedural limbs, and holds that the state is to compensate the applicant EUR 30,000.

 

Click to read the full judgment.

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