CASE OF MURADYAN AGAINST ARMENIA AND 5 OTHER CASES

Resolution CM/ResDH(2025)250 Execution of the judgments of the European Court of Human Rights Six cases against Armenia   (Adopted by the Committee of Ministers on 17 September 2025 at the 1537th meeting of the Ministers’ Deputies)     Application No. Case Judgment of Final on 11275/07 MURADYAN 24/11/2016 24/02/2017 3673/11 ANAHIT MKRTCHYAN 07/05/2020 07/08/2020 35814/14 ASHOT MALKHASYAN 11/10/2022 11/01/2023 70665/11 OHANJANYAN 25/04/2023 25/07/2023 29906/14 DIMAKSYAN 17/10/2023 17/01/2024 48998/14 VARYAN 04/06/2024 04/09/2024   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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the authorities’ failure to comply with their positive obligation to protect the applicants’ sons’ right to life during their military service, as well as the absence of effective investigations into their deaths (substantive and procedural violations of Article 2) and the violations on account of lack of legal provisions allowing to seek compensation for the non-pecuniary damage suffered as a result of the loss of life of one’s relative (Article 13);   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;   Having examined the action plan and action reports provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2023)1242, DH-DD(2025)846 and DH-DD(2025)882);   Noting with deep regret that no further individual measures are feasible in these cases given that it was not possible to obtain sufficient evidence to prove the commission of a crime or identify the perpetrators despite all reasonable steps taken by the authorities; or given that the statute of limitations for the offences concerned has expired; or given that the Court of Cassation rejected requests to reopen criminal proceedings in view of the fact that the individuals responsible for the victims’ deaths had already been convicted prior to the delivery of the European Court’s judgments;     Recalling that the Committee has previously decided that all the necessary general measures have been taken regarding the violations of Article 13 on account of lack of legal provisions allowing to seek compensation for the non-pecuniary damage suffered as a result of the loss of life of one’s relative (see documents CM/ResDH(2016)84) and CM/ResDH(2020)125);   Noting that the question of the remaining individual and general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Nana Muradyan group of cases also in the light of the Court’s findings in these cases, and that the closure of these cases, including the leading case of Muradyan, therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the authorities’ failure to protect the applicants’ sons’ right to life during their military service, as well as the absence of effective investigations into their deaths;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases;   CONCLUDES with deep regret that no further individual measures are possible;   DECIDES to continue to supervise the adoption of the outstanding individual and general measures concerning the authorities’ failure to protect the applicants’ sons’ right to life during their military service, as well as the absence of effective investigations into their deaths in the Nana Muradyan group of cases;   DECIDES to close the examination of these cases.