Armenian Government Fails to Comply with ECHR Demands: Gagik Khachatryan Has Not Received Treatment, Says Khachatryan Legal Team

On August 5, the 15-day deadline set by the European Court of Human Rights (ECHR) for the Armenian government to ensure immediate medical treatment for former Minister of Finance Gagik Khachatryan expired. Clearly, since July 21 of this year, the Armenian government has not taken any reasonable steps to provide adequate treatment in light of the evident dangers to the citizen's life and health. This was reported by Khachatryan's legal team.

“It is unprecedented in Armenian history for a decision from the European Court to remain unimplemented. Such behavior is unacceptable for a legal and democratic state. Moreover, it should be noted that the government, in response to various inquiries, consistently claims that it has provided and is providing the right to preserve Gagik Khachatryan's health and receive adequate treatment, both before and after the ECHR's decision. However, it is evident that this is not true; otherwise, the European Court of Human Rights would not have made such a ruling. If the government continues to insist that it has complied with the ECHR's decision, it must at least answer the following question: has anything changed in terms of Gagik Khachatryan's health and treatment before and after that decision? I regret to say that nothing has changed,” said lawyer Yerem Sargsyan.

For months, Khachatryan's legal team has been documenting that 64-year-old Gagik Khachatryan, who has been unlawfully detained for 11 months, needs urgent surgical treatment for spinal stenosis, the failure to carry out which poses serious and irreversible dangers to his further health and life.

Notably, apart from applying interim measures on July 21 of this year, the ECHR has prioritized the case of Gagik Khachatryan in accordance with Article 41 of the Court's Rules of Procedure. The ECHR grants priority on two grounds: if the case raises issues of gross and serious violations of any rights established by the European Convention, or if the complaint raises systemic issues within that country that require prompt resolution. In the case of Gagik Khachatryan, priority was given based on the serious health condition and the inaction of the authorities.

As a rule, if priority is given due to health condition, it indicates that the European Court of Human Rights has been convinced that the individual is subjected to inhumane treatment. In this case, this is due to the limitation of access to necessary medical care and treatment while being unlawfully detained.

It is worth recalling that former Finance Minister Gagik Khachatryan, who denies the accusations against him, has never attempted to evade the investigation or obstruct its proceedings according to the evidence in the case. In 2019, while in Germany, he interrupted mandatory post-operative treatment at the first telephone call from the investigator and returned to Armenia to present himself to the investigating authority, so as to enable a complete and objective investigation in his presence.