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On 14 August 2023, HCAV made a communication submission regarding the execution of the ECHR judgment in the case of Mushegh Saghatelyan v Armenia.
The observations were submitted in accordance with the Rule 9.2. of the Rules of the Committee of Ministers regarding the supervision of the execution of judgments and of terms of friendly settlements.
The submission was made ahead of the 1475 (human rights) meeting of the Committee of Ministers in September and in response to the action plan presented by Armenia for June 2023 with respect to Mushegh Saghatelyan v Armenia group of cases.
This group of cases concerns various violations of Articles 3, 5, 6 and 11 of the European Convention on Human Rights (‘the Convention’) in the context of the dispersal by the authorities of the wide-scale opposition protests against the outcome of the 2008 presidential elections in Armenia, summarized in the Government’s Action Plan of June 2023.
In the submission, HCAV presented information on the situation of the right to freedom of assembly and the right to be free from ill-treatment in Armenia. In particular, it is mentioned in the submission that representatives of civil society have a stable
belief that ensuring the right to freedom of assembly in Armenia is retreating year by year. The right is largely restricted by the unlawful and disproportionate use of force by the police, whose officers lack the capacity to ensure that the right to freedom of assembly is exercised unhindered, despite regular training and reforms by the state.
HCAV also expressed its concern over termination of the operation of the Special Investigation Service and transfer of the jurisdiction of investigation into torture cases to the Investigative Committee and Anti-Corruption Committee.
HCAV mentioned, inter alia, the need for introducing a mechanism for making anonymous reports about cases of torture, the importance of forming a system for checking integrity of police officers. In addition, HCAV reiterated the recommendation presented during the discussion of the execution of the judgment in the Committee of Ministers in 2020, which concerned adoption of a legislation criminalizing all forms of ill-treatment.
Click here to read HCAV’s communication.