CASE OF TER-PETROSYAN AGAINST ARMENIA

2025-06-12T00:00:00
Resolution CM/ResDH(2025)129 Execution of the judgment of the European Court of Human Rights Ter-Petrosyan against Armenia   (Adopted by the Committee of Ministers on 12 June 2025 at the 1531st meeting of the Ministers’ Deputies)     Application No. Case Judgment of Final on 36469/08 TER-PETROSYAN 25/04/2019 25/07/2019   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);   Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established on account of unjustified dispersal of a peaceful demonstration by the police (violation of Article 11) and absence of effective remedy in respect of these police actions (violation of Article 13 of the Convention in conjunction with Article 11);   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -          of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and -          of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Recalling that, at its 1419th meeting (December 2021) (DH), the Committee decided that no further individual measures are necessary in this case (see CM/Del/Dec(2021)1419/H46-1);   Having examined the action plan provided by the government in the group of cases Mushegh Saghatelyan, indicating the general measures adopted in order to give effect to the judgments in that group, including with regard to remedy in respect of the police actions dispersing peaceful assemblies (see document DH-DD(2025)328);   Considered that the question of the general measures required by Article 46, paragraph 1, with regard to such remedy had been resolved, as confirmed by improved judicial practice, and in view of that the European Court acknowledged that such remedy is effective for the purposes of exhaustion under Article 35 § 1 of the Convention (see Ishkhanyan v. Armenia, No. 5297/16, judgment of 13 February 2025, §§ 124‑129);   Recalling that the question of general measures concerning unjustified dispersals of peaceful demonstrations by the police (violation of Article 11) continues to be examined in the Mushegh Saghatelyan group of cases, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required to secure the effective exercise of the right to freedom of assembly;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;   DECIDES to continue to supervise the adoption of the necessary general measures concerning unjustified dispersals of peaceful demonstrations by the police in the Mushegh Saghatelyan group of cases; and   DECIDES to close the examination of this case.