Safaryan and Sargsyan v. Armenia

FIFTH SECTION

Applications nos. 48207/19 and 46398/20 Emil SAFARYAN against Armenia and Harutyun SARGSYAN against Armenia

The European Court of Human Rights (Fifth Section), sitting on 3 July 2025 as a Committee composed of:

Gilberto Felici, President , Mykola Gnatovskyy, Vahe Grigoryan, judges , and Martina Keller, Deputy Section Registrar ,

Having regard to the above applications lodged on 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

1 The applicants’ details are set out in the appended table.

2 The applicants’ complaints under Article 2 (and Article 13 in application no. 48207/19) of the Convention concerning their sons’ death during compulsory military service and subsequent investigations were communicated to the Armenian Government (“the Government”).

3 On the dates indicated in the appended table the Court received 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. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook 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

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

5 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.

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.

Done in English and notified in writing on 11 September 2025.

Martina Keller Gilberto Felici Deputy Registrar President

APPENDIX

Applications raising complaints under Article 2 of the Convention

(death during compulsory military service and ensuing investigation)

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 non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

48207/19

04/09/2019

Emil Safaryan

1968

A. Khachatryan

Yerevan

21/03/2025

21/03/2025

25.000

46398/20

21/08/2020

Harutyun Sargsyan

1974

L. Simonyan

Yerevan

20/03/2025

18/03/2025

10.000 [2]

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

[2] According to the Government’s submissions, in addition to this amount, the applicant in this case is eligible to receive financial relief provided to the families of deceased military personnel of certain categories in accordance with the national legislation.