ECHR delivers judgment on “Ayvazyan v. Armenia” case18.10.2018
The European Court of Human Rights, sitting as a Committee delivered its judgment regarding the case of “Ayvazyan v. Armenia” (application no. 46245/08), finding violation of Article 5 § 1 (Deprivation of liberty; Lawful arrest or detention) and 5 § 3 (Reasonableness of pre-trial detention) of the European Convention on Human Rights.
The applicant submitted that his detention between 1 and 13 May 2008 had not been authorised by a court as required by law and had therefore been unlawful. Moreover, the courts had failed to provide relevant and sufficient reasons for his detention.
The Court noted that the applicant’s detention had not been based on a court decision. The domestic courts similarly justified the applicant’s continued detention with a mere citation of the relevant domestic legal principles and a reference to the gravity of the offence without addressing the specific facts of his case or providing any details as to why the risks of absconding, obstructing justice or reoffending were justified.
The applicant claimed 10,000 euros (EUR) in respect of non-pecuniary damage.
The Court awarded the applicant EUR 2,400 in respect of non-pecuniary damage.