ECtHR cases April–June 2019
| Author | Ben Wild |
| DOI | 10.1177/2032284419865822 |
| Published date | 01 September 2019 |
| Date | 01 September 2019 |
| Subject Matter | ECHR Update |
ECHR Update
ECtHR cases
April–June 2019
Ben Wild
Article 2
Mirzoyan v. Armenia (application no. 57129/10)
The case concerned the killing of the applicant’s son while he had been on military service. The
applicant, Robert Mirzoyan, is an Armenian national who was born in 1954 and lives in Marmar-
ashen village (Armenia).
The applicant’s son, Gegham Sergoyan, was performing his compulsory military service in the
unrecognised Republic of Nagorno Karabakh when he was shot in the head by one of his officers in
April 2007. He died without regaining consciousness in May of the same year. The officer, who
had had reprimands from his superiors in the past, admitted the shooting and was sentenced to
15 years’ imprisonment in 2009. The trial court rejected a civil claim for compensation from the
State which the applicant had lodged during the proceedings, finding that domestic law did not
provide for compensation for non-pecuniary damage. Appeals by the applicant to both the Court of
Appeal and the Court of Cassation were unsuccessful. He cited in particular the rights on com-
pensation flowing from the Convention, which he argued had to prevail over domestic law by
virtue of Article 6 of the Constitution of Armenia.
Relying on Article 2 (right to life) and Article 13 (right to an effective remedy) of the European
Convention on Human Rights, the applicant complained that the State authorities had failed to
protect his son’s right to life and that his claim against the State for non-pecuniary damage suffered
as a result of that loss had been dismissed.
Outcome
Violation of Article 2
Violation of Article 13
Just satisfaction
EUR 15,000 for non-pecuniary damage.
Chebab v. France (application no. 542/13)
The case concerned the circumstances in which the applicant was shot by a police officer while
being arrested.
The Court noted that there had been numerous shortcomings in the investigation into the facts
alleged against the applicant. Several procedural irregularities and the loss of evidence which was
New Journal of European Criminal Law
2019, Vol. 10(3) 301–312
ªThe Author(s) 2019
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DOI: 10.1177/2032284419865822
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