The Decision of CoE Committee of Ministerial on the “M. Saghatelyan v. Armenia” Case

The Council of Europe Committee of Ministers published the decision on “Mushegh Saghatelyan v. Armenia” case on June 4 of 2020.

The observations on the case presented by the Open Society Foundations – Armenia, Protection of Rights without Borders NGO, Transparency International Anti-Corruption Center, Helsinki Citizens’ Assembly-Vanadzor Office and Law Development and Protection Foundations, as well as the responses of the Government were published.

The observations were presented in accordance with the Rule number 9.2 prescribed by the CoE Committee of Ministers. The case related to the events of March 1, 2008.

The ministers proved that a number of Articles, particularly Articles 3, 5, 6, 11 and 13 respectively of the European Conventions of Human Rights were violated by the Saghatelyan case.

By the decision, the Committee of Ministers referred also to the following:

• the constitutional and legislative changes in the field of combatting ill-treatment and investigations into such allegations, called on the authorities to adopt the draft laws intended to entrench positive changes in the legal framework without further delay, and recommend them to provide information on the implementation of the adopted laws,
• Gradual establishment of the audio and video surveillance equipment in the RA Police premises and recommend the authorities to clarify their use and particularly whether the law enforcement bodies are obliged to use the audio and video recordings during interrogations as evidence;

The Council of Europe Committee of Ministers urged the RA authorities to take measures directed towards the approval of the draft criminal procedural code and to avoid its further possible delays, so that the practice of the RA Prosecutor General’s Office and judicial bodies respectively are in a compliance of the Convention requirements.

The Decision of the CoE Committee of Ministers.