Gozeyan and Others v. Armenia
Partly struck out of the list; Partly inadmissible
Berörda konventionsartiklar
FOURTH SECTION
Application no. 78080/14 Gevorg GOZEYAN against Armenia and 4 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 17 December 2020 as a Committee composed of:
Jolien Schukking, President, Armen Harutyunyan, Ana Maria Guerra Martins, 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 is set out in the appended table.
The applicants’ complaints under Article 5 § 3 of the Convention concerning the lack of relevant and sufficient reasons for detention were communicated to the Armenian Government (“the Government”). Some applicants also raised complaints under Article 5 § 1 (c) of Convention.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Armenia in respect of the facts giving rise to these applications, 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.
The applicants in applications nos. 78080/14 and 83775/17 also raised complaints under Article 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 under Article 5 § 3 of the Convention;
Declares the remainder of applications nos. 78080/14 and 83775/17 inadmissible.
Done in English and notified in writing on 21 January 2021.
{signature_p_2}
Liv Tigerstedt Jolien Schukking 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
Year 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]
78080/14
17/12/2014
Gevorg GOZEYAN
1985
Anna Maralyan
27/02/2020
17/07/2020
3,300
15438/16
07/02/2016
Smbat MARGARYAN
1982
Tigran Yegoryan
Yerevan
07/02/2020
19/10/2020
5,300
45657/17
15/06/2017
Hovhannes GHAZARYAN
1992
Ani Chatinyan
Vanadzor
03/03/2020
24/07/2020
1,000
83775/17
29/11/2017
Gagik YEGHIAZARYAN
1983
Tigran Yegoryan
Yerevan
07/02/2020
19/10/2020
2,500
1261/18
27/12/2017
Vardan GERAVETYAN
1962
Tigran Yegoryan
Yerevan
07/02/2020
19/10/2020
2,500
[1] Plus any tax that may be chargeable to the applicants.