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Lawyer Hayk Alumyan involved in the “Zalyan and Others v. Armenia” case says that the European Court of Human Rights (ECHR) verdict is a complete victory. “The verdict met our best expectations. To me, the justice was fully restored,” Alumyan told reporters at a press conference.

To remind, the ECHR issued on March 17 the case verdict on Zalyan and Others v. Armenia (nos. 36894/04 and 3521/07). The court found a violation of the right to liberty (Article 5, EC) when Zalyan was arrested on April 21-24 until November 24, 2004. However the Court concluded that no violations of Article 3 of European Convention (torture prohibition) took place, rather some procedural violations of the same Article. According to the Court, no right for proper medical care was violated as well. ECHR decided that Armenian government should pay the plaintiffs a compensation of EUR 50,000.

The European Court found no violations of EC Article 3 (torture prohibition) because of the fact it had not been a subject of investigation at Armenian courts due to the state inaction, Alumyan claimed.

“Whenever a person in detention is subjected to ill-treatment, he has no opportunity to obtain evidences on that matter. The responsibility of obtaining sufficient evidences and providing effective remedy is thus put upon the State, which didn’t not happened in this case,” Alumyan detailed.

He reminded that the crime of torture requires an urgent investigation; otherwise it will be impossible to expect a solution of the crime.

“The high amount to be compensated set by the ECHR may prompt us the idea that the State failed to provide effective remedies which resulted in the inability to gain necessary evidences,”Alumyan noted.
He next highlighted the role of Zaruhi Postanjyan who “due to her consistence and professionalism” gained an unprecedented legal act from the Court of Appeal, abolishing the life imprisonment. “No one could expect a verdict of life imprisonment be appealed,” Alumyan said.
He noted that Postanjyan was the one who lodged the application to the ECHR.

To recall, the three citizens of Armenia, Arayik Zalyan, Razmik Sargsyan, and Musa Serobyan, soldiers of one of the military unit of Mataghis, were charged for murdering fellow soldiers Hovsep Mkrtumyan and Roman Yeghiazaryan.

In their application to the ECHR, they claimed that they were unlawfully deprived of their liberty on April 19-23. It was also mentioned that their applications regarding torture were never really examined. Zalyan also stated that when on a hunger strike he was denied the right to meet with his relatives and wasn’t provided with necessary medical assistance.