European Court of Human Rights admitted complaint under the case of serviceman M. Dimaksyan’s death
12:30, April 25, 2016 | News, Own news | Right to an Effective Remedy of Legal Protection, Right to Fair Trial, Right to Life
On March 31, 2016, the European Court of Human Rights admitted the complaint under Marat Dimaksyan’s case, who died from a negligent gunshot by his fellow serviceman on February 5, 2012 on the way to the military hospital. The complaint was lodged on March 28, 2014 by successor to the victim, Alexander Dimaksyan with the help of Helsinki Citizens’ Assembly Vanadzor.
The complaint was lodged based on the violation of the rights under Article 6(1) (Right to a fair trial), Article 2(1) (Right to life), and Article 13 (Right to an effective legal remedy) of the European Convention on Human Rights.
The complaint was substantiated by the fact that the case with the indictment had been submitted to the General Jurisdiction Court of Syunik marz (region) of RA, its sitting in NKR, c. Stepanakert, which was not a court established as prescribed by law in line with Article 6 of the ECHR.
The State failed to fulfill its positive obligation to save the soldier’s life and protect his health under Article 2 of the ECHR and did no provide medical aid with proper equipment and specialists which would make it possible to save his life.
The state failed to carry out effective investigation in compliance with Article 13 of the ECHR, and as a result, a number of questions remained unanswered; particularly, the circumstances of M. Dimaksyan’s death and the potential perpetrators have not been revealed.
Also, the state failed to compensate the victim’s family for the non-pecuniary damage.
The ECtHR admitted the complaint above on the grounds of Article 2 and Article 13 and submitted its questions to the parties.
Note that under the initiated criminal proceedings, G. Alaverdyan, fellow serviceman of M. Dimaksyan, was charged under Article 373(3) of the RA Criminal Code (breach of the rules for handling weapons, munitions as well as radioactive substances, explosives or devices dangerous for the environment that has caused a person’s death negligently).
By the judgment of April 25, 2013, G. Alaverdyan was sentenced to imprisonment of 4 years and 6 months.