ECHR Ruling on Madaghis Case Was a Clear Victory
18.03.2016
11:00
Lawyer Hayk Alumian considers a clear victory the decision that the European Court made on March 17 upon the sensational case of Madaghis

“This verdict even exceeded our best expectations,” Alumian stated in the course of a briefing interview, which took place at Media Center on March 18. “In my estimation, justice is fully restored in these circumstances.”

On the subject of assertions that this victory was partial, because the European Court have not recognized the fact of torments as confirmed, Alumian mentioned that it is due to Armenian investigating bodies, which have not made, in proper time, these torments a subject of investigation, and showed inertness, in such a way.  

“If somebody undergoes tortures, especially a person who is under arrest, he has not got any opportunity to gather evidences of it”, Alumian presented. “In this situation, the state becomes charged with duty to realize effectual investigation, which hasn’t been undertaken in the given case.”

Nevertheless, advocate emphasized that “the very high compensations fixed by the ECHR should prompt us the following logical moment: investigation failed by the state bodies, and just for this reason it was impossible to obtain evidences regarding the tortures.”

As regards making answerable those officials who have been careless in this issue, Alumian said: “Well, if the state raises a question of judges being undepenent, why the issue concerning other subjects' personal responsibility is not being discussed? As a result, they once again feel themselves more unpunished. Here and now, when the government will pay these 50 thousand Euros, not any officer will be brought to justice, and the same officer will feel himself more unpunished.”

Hayk Alumian mentioned that just now so flagrant lawlessnesses are occurring in Budaghyans’ case, and if intrastate instances do not stop these lawlessnesses, the case eventually will reach ECHR, and another similar decision will be made.

“I expect from this decision that our citizens who keep themselves too passive regarding their rights’ protection, will begin fighting more confidently for their rights, and will be more optimistic, too: Besides, I expect that after this decision our advocates will act more actively for protection their proxies’ interests in the EHCR. Current condition of our judiciary system is caused by following: we, advocates, in our time have appealed to ECHR much less often than it was necessary,” Alumian summarized. 

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