Yesterday, the European Court of Human Rights issued the verdict on the case of “Hayk Sahakyan v. Armenia”, according to which the State has violated 33-year old Hayk Sahakyan’s right of freedom and security, and he has not received compensation for non-pecuniary damage.
According to the facts of the case on 30 August, 2007, Sahakyan was arrested for intentional infliction of a grave injury, and on 1 September he was placed in detention as a preventive measure by the decision of the court. On 28 September, the same court decided to replace the detention by bail and he was released. But on 4 October, the investigator decided to detain him on the basis of the previous decision of the court.
However, the court quashed the investigator’s decision stating that the investigator had exceeded his authority. Sahakyan was acquitted in December of the same year. After the acquittal he filed civil lawsuit seeking compensation for non-pecuniary damage, but the Armenian courts rejected the claim. In order to receive compensation for non-pecuniary damage (the right is provided under Article 5 of Euroepan Convention on Human Rights), Sahakyan applied to ECHR, which has eventually declared the claim admissible by making Armenia pay 3000 euros to Sahakyan as a compensation of non-pecuniary damage.
Notably, the decision of European Court takes effect three months after the date of publication. After the decision takes effect the State will be obliged to pay Sahakyan, if the verdict is not appealed.
Y. Khachatryan was Hayk Sahakyan’s representative.
