CASE OF KAREN POGHOSYAN AGAINST ARMENIA

Resolution CM/ResDH(2019)115
Execution of the judgments of the European Court of Human Rights
Karen Poghosyan against Armenia
 
(Adopted by the Committee of Ministers on 6 June 2019
at the 1348th meeting of the Ministers’ Deputies)
 
 
Application No.
Case
Judgment of
Final on
62356/09
KAREN POGHOSYAN
31/03/2016
29/03/2018
30/06/2016
29/06/2018
 
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 this case and to the violations established on account of the breach of the principle of legal certainty and the interference with the applicant’s right of property (Article 6 and Article 1 of Protocol No. 1);
 
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 provided by the government indicating the individual measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)252);
 
Considering that the question of individual measures has been resolved, given that the just satisfaction has been paid, the applicant’s case has been re-opened at domestic level and his property rights have been fully restored;
 
Recalling that the question of general measures required in response to the shortcomings found by the Court is being examined within the framework of the Vardanyan and Nanushyan case and that the closure of this case in no way prejudges the Committee’s evaluation of the general measures required;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as regards the individual measures and
 
DECIDES to close the examination thereof.

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