ECHR Rules Against Armenia

Attorney Tigran Yegoryan wrote on his Facebook page: "Today the European Court of Human Rights published a ruling in the case of Suren Khachaturov against Armenia (KHACHATUROV v. ARMENIA Application no. 59687/17 link in the comments). With this ruling, the Court recognized a violation of Suren Khachaturov's rights protected under Article 3 of the Convention and prohibited his extradition. This case concerns how the absolute rights to be free from inhuman and degrading treatment are respected, guaranteed, and protected in the Republic of Armenia. This case is a unique bridge between Armenia's past, present, and future, involving both the previous government and the current one, with future administrations also participating.

This case reflects the perception of justice by both the previous and post-revolutionary governments, the prosecutor's office, and the courts. It will be yet another important indicator of what justice has been like in the Republic of Armenia, what it is now, and what it will be in the future. Will a government that has received widespread trust and votes from the people for the second time find the strength and ability to deliver real justice to the people and eliminate the vicious core that has plagued and ruined people's fates for decades?

Below, I present a summary of the case to provide an understanding of the important facts and the essence of those who are currently administering "justice" (judges Edik Avetisyan, Mkhitar Papoyan, Alexander Azaryan, and of course, the Criminal Chamber of the Court of Cassation):

• On April 14, 2017, Judge Edik Avetisyan granted the request to temporarily detain S. Khachaturov, overlooking his health condition.
• On May 30, 2017, the appellate court judge M. Papoyan rejected the appeal.
• On May 19, 2017, Judge Edik Avetisyan approved a request for the detention for extradition of S. Khachaturov for a period of 2 months, again ignoring his health status.
• On July 19, 2017, appellate court judge M. Papoyan rejected the appeal, disregarding the medical documents indicating threats to Khachaturov's life in case of transfer.
• Without delving into the sensitivity of the issue (without discussing the argument that S. Khachaturov's life is at risk during the transfer process), the judge deemed the guarantees from the Prosecutor General's Office of the Russian Federation as sufficient for the transfer.
• On August 21, 2017, the Supreme Court noted that Khachaturov's rights and obligations had not been clarified by the appellate court, and there had been an obvious and gross violation of the law.
• On September 7, 2017, Judge E. Avetisyan decided to extend the detention period for extradition.
• On October 17, 2017, during the hearing of the appeal, Khachaturov's health deteriorated, prompting an emergency medical intervention.
• However, this did not prevent Judge Alexander Azaryan from continuing the proceedings.
• On October 25, 2017, Khachaturov's lawyer requested a forensic medical examination based on Khachaturov's medical condition.
• But Judge Alexander Azaryan found the request unfounded and decided to reject it, citing guarantees from the Russian Prosecutor General's Office.
• Ultimately, the Supreme Court's refusal to accept the appeal resulted in Khachaturov being held in detention for the legally permitted maximum period of 8 months, during which he has not received adequate medical treatment and is awaiting the resolution of his fate."