The decision of European Court of Human Rights on the case “Poghosyan and Baghdasaryan against the Republic of Armenia” shall come into effect in September 2012. If the RA does not appeal the decision it shall pay 30.000 EUROs to its citizen as redress for moral injury.
RA citizen Armen Poghosyan (Baghdasaryan is his mother) was accused in the rape and murder of a child, and was sentenced to 15 years of jail. After five and a half year in jail he was released, when the real rapist was arrested. It returned out that the justice was realized wrongly.
The citizen applied to the RA Court with request to redress the injury. He was redressed for physical injury but his claim to redress the moral injury caused was rejected, on the grounds that the RA law does not provide for such institution. Armen Poghosyan applied to the European Court of Human Rights on this grounds, and insisted that there is a system related problem in Armenia with regard to redress of moral injury.
The RA Government provided clarification to the European Court informing that the citizen was provided corresponding moral redress, and it was unnecessary to provide a monetary redress as well: the Prosecutor General of the RA in the name of had sent a letter in the name of the Republic of Armenia to Mr. Armen Poghosyan and asked for an excuse for wrong implementation of justice. The applicant party accepts that excuse is also a style of moral redress.
The Public TV of the RA prepared and aired a TV program on the real story of the crime. The individuals that tortured the citizen were punished. Nevertheless the injured party was not satisfied with this and requested moral redress of 280.000 EUROs in his application to the European Court. However the Court considered that 30.000 EUROs is the reasonable sum for the redress.
According to Ara Ghazaryan, head of “Arni Consult” Law Firm, “The European Court accepted Armen’s arguments and provided very important definition, which of course shall have its direct effect on our legislation and practice.”
According to the decision of the European Court it refers to Articles 2 and 3 of the European convention of Human Rights (Right to Life; Torture), and Article 3 of Protocol 7 (miscarriage of justice), the State must compensate that person.
Ara Ghazaryan said if the State fails to do so or delay it, or if the gap is not filled, the gap shall be filled by the practice of judiciary precedent.