CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 août 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .s5DCB4701 { margin-top:14pt; margin-left:14.2pt; margin-bottom:3pt; text-indent:21.3pt; text-align:justify } Published on 15 September 2025   FIFTH SECTION Application no. 38277/22 Grigor KHACHATRYAN against Armenia lodged on 19 July 2022 communicated on 29 August 2025 SUBJECT MATTER OF THE CASE The application concerns the death of the applicant’s son, M. Khachatryan, during compulsory military service and the subsequent investigation. On 22 May 2018 at around 1.30 p.m. M. Khachatryan was found dead with a gunshot injury to his abdomen in the observation post of the command post of the military unit, where he had been performing watch duty. On the same day the Investigative Committee of Armenia instituted criminal proceedings on account of incitement to suicide (Article 110 of the former Criminal Code in force until 1 July 2022)․ According to the findings of the criminal investigation, on the day of the incident at around 1.00 p.m. M. Khachatryan commenced his watch duty together with a fellow conscript A.M. The latter stated in his witness statement that after 20 minutes into the watch duty M. Khachatryan excused himself and promised to return soon. In around 10 minutes he heard the sound of the gunshot, followed M. Khachatryan’s steps and found his body. A.M. also stated that he had seen M. Khachatryan drinking from a water bottle while on duty. On an unspecified day the investigative authority ordered autopsy, forensic-genetic and combined ballistic-trace examinations. The autopsy report established that M. Khachatryan’s death had resulted from the ballistic injury to the abdomen. It also identified multiple ecchymoses and scratches on various parts of M. Khachatryan’s body, most of which had been inflicted by blunt objects 8-9 days before his death, while one scratch had been inflicted immediately prior to his death. Those injuries were found not to be linked to his death. The autopsy report further established that M.   Khachatryan had used alcohol on the day of the incident. The expert report following the combined ballistic-trace examination revealed that the cartridge case found at the scene of the incident had been fired from the assault rifle assigned to M. Khachatryan. According to the same report, the rifle could not have been fired without pulling the trigger. The expert report following the forensic-genetic examination established that the blood-like stain on the shoulder belt of the assault riffle assigned to M. Khachatryan matched with his genetic characteristics. The report further revealed that the fragments of sweat and grease detected on the pistol grip of that rifle belonged to minimum two persons one of which being M.   Khachatryan. A follow-up report found that A.M.’s DNA in those fragments was not possible to identify with sufficient clarity. According to the investigation, witness statements did not reveal any problems or conflicts between M. Khachatryan and other servicemen. On 15 October 2019 the investigator decided to suspend the investigation on the grounds that following all the possible investigative and procedural measures the person who had committed the crime could not be established. On 31 January 2020 the applicant submitted an application seeking to resume the investigation and to carry out certain forensic examinations and other investigative actions. The applicant, inter alia , raised issues in relation to his son’s state of health prior to being drafted, claiming that it had been incompatible with military service, as well as the fight between A.M. and his son 8-9 days before his death. On 5 February 2020 the criminal proceedings were resumed and on 2 March 2020 the applicant’s application concerning additional investigative actions was dismissed as unsubstantiated. Thereafter the case was suspended again. This scenario apparently recurred in 2022, and on 23 March 2022 the investigator again decided to suspend the proceedings on the same grounds as before. The applicant complains under Article 2 of the Convention of his son’s death and the ineffectiveness of the investigation into the matter carried out by the domestic authorities. The applicant also claims that M. Khachatryan had suffered from health conditions incompatible with military service and therefore should not have been drafted. QUESTIONS TO THE PARTIES 1.     Was M. Khachatryan’s right to life, ensured by Article 2 of the Convention, violated in the present case (see Muradyan v. Armenia , no.   11275/07, §§ 132-33, 24 November 2016; Ohanjanyan v. Armenia , no.   70665/11, §§ 132-34, 25 April 2023; and Petrosyan v. Armenia , no.   51448/15, §§ 110-12, 9 January 2025)? 2.     Having regard to the procedural protection of the right to life, was the investigation by the domestic authorities in the present case in breach of the guarantees of Article 2 of the Convention (see above-cited Muradyan , §§ 134-36; Ohanjanyan , §§ 135-38; and Petrosyan , §§   113 ‑ 17)? The Government are requested to submit a full copy of the case file concerning the criminal case in question (with the exception of the materials already submitted by the applicant) and a copy of M.   Khachatryan’s medical file. The Government are further requested to clarify whether there has been an internal investigation into M.   Khachatryan’s death and submit a copy of the ensuing report, if any.