CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 13 juin 2024

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color:#0069d6 } .s421F9159 { font-size:6.67pt; vertical-align:super } .s2E49B105 { background-color:#ffffff } .sC41F0EA6 { font-style:italic; background-color:#ffffff } .sDD7C59DF { margin-top:0pt; margin-bottom:0pt; background-color:#ffffff } .s3985515B { margin-top:0pt; margin-left:36pt; margin-bottom:0pt } Resolution CM/ResDH(2024)114 Execution of the judgment of the European Court of Human Rights Ashot Harutyunyan against Armenia   (Adopted by the Committee of Ministers on 13 June 2024 at the 1501 st meeting of the Ministers' Deputies)     Application No. Case Judgment of Final on 34334/04 ASHOT HARUTYUNYAN 15/06/2010 15/09/2010   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),   Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established on account of the failure to provide the applicant with requisite medical assistance in the detention facility, as well as on account of his placement in a metal cage during the appeal proceedings;   Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:   -           of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and -           of general measures preventing similar violations;   Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;   Having examined the action plan provided by the government indicating the individual measures adopted to execute the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)1454 );   Recalling that the Committee considered at its 1250 th meeting (March 2016) (DH) that no further individual measure were necessary in this case as the applicant died in prison from a heart attack, as well as welcomed the removal of metal cages from all courtrooms in Armenia (see document CM/Del/Dec(2016)1250/H46-1 );   Taking note, in respect of the general measures, that significant developments have already been made in the penitentiary healthcare system , inter alia, the establishment of the Centre for Penitentiary Medicine, transfer of its subordination from the Ministry of Justice to the Ministry of Health, adoption of the new Penitentiary Code, amendments to the sub-legislation regulating various important aspects of the organisation of treatment and healthcare services in the penitentiary, regular training for medical staff, improvement of primary health care in prisons, regular screenings, introduction of the telemedicine and increasing number of detainees which receive medical assistance in civil medical institutions;   Noting that all the necessary general measures have been taken regarding the provision of medical assistance to persons detained in police establishments and conditions of participation of an accused in criminal proceedings in case of poor health;   Noting further that the question of the remaining measures required in response to the shortcomings found by the Court in the Ashot Harutyunyan case continue to be examined within the framework of the Shirkhanyan group of cases also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the lack of adequate medical treatment and care during detention as well as the lack of effective remedies in this respect;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures concerning the lack of adequate medical assistance during the deprivation of liberty in the Shirkhanyan group of cases;   DECIDES to close the examination of this case.