The European Court of Human Rights delivered a judgement in the case of Armenia’s first president Levon Ter-Petrosyan against Armenia.
The European Court of Human Rights held, unanimously, that there had been: a violation of Article 11 (freedom of assembly and association) of the European Convention on Human Rights, and a violation of Article 13 (right to an effective remedy) in conjunction with Article 11. Complaints under Article 5 § 1 (right to liberty and security) and Article 2 of Protocol No. 4 (freedom of movement) were rejected as manifestly ill-founded.
The case concerned the applicant’s complaint about the dispersal of a protest rally on 1 March 2008, the lack of an effective remedy and his alleged placement under house arrest.
The Court found in particular that the Government, claiming non-exhaustion of domestic remedies, had failed to satisfy it that there had been an effective remedy in the domestic legal system. It further held that the dispersal of the assembly had not been justified.
Although reports had suggested Mr Ter-Petrosyan had been under “house arrest”, there was still a dispute about that incident which was primarily one of fact. The Court found that it was not in a position to conclude he had been deprived of his liberty or had had his freedom of movement restricted.