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ECHR decision to help Armenian legal system: Ambassador of Armenia to Denmark

January 12,2018 20:37

At “Aravot’s” request, addressing to the decision of the European Court of Human Rights at his appeal, the Ambassador Extraordinary and Plenipotentiary of the Republic of Armenia to the Kingdom of Denmark, Alexander Arzumanyan explained his reasons and aims of applying to the European Court.

Let us remind you that Alexander Arzumanyan had appealed against the circumstance of keeping him under detention for “money laundering”. Alexander Arzumanyan was imprisoned in May, 2007, and kept under detention at the suspicion of legalization of illegal incomes. After the detention he applied to the European Court of Human Rights, which, around 11 years later – on January 11 of the current year, satisfied Alexander Arzumanyan’s appellation. In particular, the ECHR has decided that violation of Articles 5 and 3 of the European Convention of Human Rights has taken place relative to this case.

Alexander Arzumanyan explained: “European Court confirmed the fact that still in May, 2007, my rights defined by Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms were violated, inasmuch as the domestic courts had not substantiated the necessity of the choice of my detention as a preventive measure. Domestic courts solely listed the grounds of the choice of detention as a preventative measure stipulated by law, without substantiating the presence of any of them in any way. This decision, I believe, will have an important significance for not only me, but the legal system of our country, forasmuch as it will be taken into consideration by our courts in issues of applying detention for other persons as well. I give importance to the fact that the President has referred to this issue in the Collegium of the Prosecutor’s Office of the Republic of Armenia and other occasions and given direct orders, that the detention should be chosen as preventative measure not only in exceptional cases, but also in any case those decisions should be properly substantiated and grounded. As regards the material compensation provided by the Court, it has a mere symbolic significance, because not the material side of the decision was important to me – i.e. to require and receive money from the Republic of Armenia, but the moral side – that I was kept under detention without a proper substantiation. And I will send the compensation money straight after receiving it to the “Military Insurance Fund”. Anyway, I am sure that this decision will also serve to the increase of justice in our country.”

The decision of the European Court holds that the Republic of Armenia should pay €2500 – €2000 as a compensation for non-material damage and €500 for court expenses to the applicant, Alexander Arzumanyan, during 3 months after the decision of the Court enters into force ultimately.

 

Ashot STEPANYAN

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