ECHR Orders Armenia to Pay €24,000 in Case of 10-Year-Old Derenik Gasparyan's Death at School

The European Court of Human Rights (ECHR) has published its ruling in the case of "Derenik Mkrtchyan and Gayane Mkrtchyan v. Armenia," as reported by Tert.am. The plaintiffs are the grandfather and mother of 10-year-old Derenik G., who died as a result of bullying at school.

The boy passed away after being beaten by two classmates at a public school during a time when the teacher was absent from the classroom. On the day of the incident, no medical personnel were present at the school.

The plaintiffs argue that Derenik G. died due to the school's leadership failing to fulfill their obligation to protect the boy's life while he was under their supervision. They also complained that local authorities failed to conduct an effective investigation into his death.

It was noted that the cause of Derenik G.'s death was the development of acute respiratory failure and cardiac function disturbance, likely triggered by an epileptic seizure, which may have been connected to the bullying and his psychological and emotional state.

According to the ECHR's decision, it could not be assumed that there were any factors on the day of the incident that warranted special attention or action from the teacher, as they were unaware of Derenik G.’s unique vulnerabilities related to his health, and there had been no previous incidents of violence in the classroom.

Taking these circumstances into account, it was deemed difficult to argue that by leaving the classroom, the teacher endangered Derenik G.'s safety. Consequently, there was insufficient evidence to conclude that the school administration failed to meet their Article 2 obligation to ensure the necessary protection for Derenik G.'s life.

Regarding the investigation into the boy's death, the ECHR ruling pointed out serious shortcomings and delays in the inquiry into the circumstances of the incident. Witness interrogations, evidence collection, and the initiation of criminal proceedings were not conducted in a timely manner, with deficiencies occurring in the initial stages before the criminal case was opened.

The court ruled that the plaintiffs should be granted €24,000 as compensation for non-material damages. It should be noted that a criminal case in connection with the death of 10-year-old Derenik Gasparyan was initiated with a 46-day delay, not on the grounds of the fact of death, but for bodily injury without features of light damage before death.

The incident occurred at school on June 5, 2010, during a mathematics exam.