Helsinki Citizens' Assembly-Vanadzor

The CoE Committee of Ministers has made crucial recommendations and observations regarding execution of ECHR judgments on “Muradyan v Armenia” group of cases

December 12, 2023

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Muradyan v Armenia case concerns lack of effective investigation into the death of applicant’s son in 2002, who was serving his compulsory military service, (procedural violation of Article 2 of Convention), as well as lack of a credible explanation from the authorities regarding his injury and its entailing death (substantive violation of Article 2).

 

One of HCA Vanadzor strategic directions is protection of rights of military servicemen, conscripts and their families. In addition to domestic tools for protection of rights and fundamental freedoms, the Organization uses international legal and political platforms to voice systemic issues in Armenia and recommend possible steps aimed at their solution. 

 

Execution of the European Court of Human Rights judgments is essential in terms of eliminating systemic human rights violations and improving the situation of human rights in Armenia. Rule 9.2 of Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements gives an opportunity to non-governmental organizations, as well as national institutions for the promotion and protection of human rights to present reports regarding execution of judgments under Article 46, paragraph 2, of the Convention.

 

The organization has submitted two communications to the CoE Committee of Ministers (on 24 October 2023 and 16 November 2023) regarding execution of the ECHR judgment in the case of Muradyan v Armenia. The organization addressed continuous violations of the right to life and the right to be free from ill-treatment in the RA Armed Forces, pointed out its reasons, contributing factors, and drew attention of the RA authorities and CoE Committee of Ministers to, inter alia, well-establishment and development of the practice of officer-psychologists, as well as introduction of military ombudsman to ensure democratic oversight of the defense sector.

 

On 07․12․2023, the CoE CM made a decision regarding execution of ECHR judgments in Muradyan v Armenia group of cases.

 

Concerns and issues presented by the Organization regarding actions of the RA authorities aimed at eliminating ill-treatment of servicemen in the Armed Forces and servicemen’s rehabilitation were reflected in the CoE CM decision of 07.12.2023. In the decision, CM recommended Armenian authorities to carry out the following activities

 

  • provide statistical data for the past five years regarding the investigation of non-combat deaths in the armed forces;

  • rapidly make progress in the establishment of an anonymous referral mechanism for reporting torture, inhuman or degrading treatment in the armed forces and to update the Committee in this regard, as well as report on the implementation of the relevant activities of the Human Rights Action Plan;

  • provide information on targeted measures to prevent hazing of servicemen as well as their bullying and ill-treatment by military hierarchy;։

  • since draft Suicide and Self-Harm Prevention Strategy is being prepared, inform the Committee about the actions envisaged in the Strategy, timing for its adoption and steps envisaged for its further implementation, as well as to provide information on the measures taken to ensure proper psychological assessment and assistance to military servicemen;

  • provide information on the steps taken to exclude conscription in view of significant health problems of service personnel.

 

The Committee decided to resume consideration of these cases at one of their DH meetings in 2025 at the latest. Click to read the full decision.  

HCA Vanadzor will continue consistently monitoring execution of the Committee’s decision regarding implementation of ECHR judgments in cases of Armenia and report to the Committee regarding the execution process.

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