Back Practical aspects of reopening of cases at the domestic level following ECtHR judgments and decisions

Practical aspects of reopening of cases at the domestic level following ECtHR judgments and decisions

A workshop with the participation of 35 stakeholders, including judges and judicial experts of the Court of Cassation and staff of the Office of the Representative of Armenia on International Legal Matters was organised on 24 and 25 January 2024. This important initiative aimed at enhancing knowledge of the participants on peculiarities of reopening of cases at national level by creating a platform for discussing criteria and common problems in this context, as well as legal certainty and other principles of law, issues regarding the statute of limitations, and possible obstacles of judicial practice during reopening in case of unilateral declaration or friendly settlement.

The workshop provided a very useful level of interaction between the judiciary and the staff of the Office of Representative on International Legal Matters. The invitees also benefited from an open exchange of views with the representatives from the Department for the Execution of the ECtHR Judgments and the Secretariat of the Committee of Ministers of the Council of Europe. 

The workshop was organised within the framework of the Project “Support to the effective execution of the judgments of the European Court of Human Rights in Armenia”, funded by Human Rights Trust Fund and implemented in the framework of the Council of Europe Action Plan for Armenia for 2023-2026.

Yerevan, Armenia 25/01/2024
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Start date: January 2023

Duration: 24 months

Budget: EUR 500,000

Donor: The Project is implemented under the Council of Europe Action Plan for Armenia for 2023- 2026 and funded by Human Rights Trust Fund

Main Partner: Office of the Representative of Armenia on International Legal Matters.

Other Partners: Ministry of Justice, Court of Cassation, Supreme Judicial Council, Prosecutor General’s Office, Ministry of Internal Affairs.

Contact person: Ms Gayane Hovhannisyan, Senior Project Officer

The Project is a part of the continuous endeavor of the Council of Europe to support Armenia in the effective implementation of the European human rights standards with a specific focus on the problem of excessive length of proceedings, late or non-execution of national courts’ judgments, effective judicial control over the pre-trial stage of the proceedings, right to freedom assembly, and effective investigations into allegations of ill-treatment and deprivation of life. 

The Council of Europe Action Plan for Armenia for 2023-2026 explicitly underlines the importance of the effective ECHR implementation as well as the need to enhancing the effectiveness of the ECHR system at national level. Building on the constructive co-operation established with the national partners, the Council of Europe will continue strengthening their capacities through the legal expertise, workshops, seminars and training on leading ECtHR case-law, as well as relevant study visits so that the institutions are able to effectively play their role in the process of execution of ECtHR judgments by Armenia and that the ECtHR case-law is applied in a more harmonised way at national level.

The Project will focus on accomplishing the following outcomes:

  • The national legislation and practice regarding the pre-trial detention, effective investigations of the alleged deprivation of life and ill-treatment, as well as freedom of assembly cases is further revised and aligned with the European standards.
  • The national legislation on the Compulsory Enforcement Service of the Ministry of Justice is improved to ensure proper regulatory framework and safeguards against late or non-execution of national courts’ judgments.
  • National authorities’ efforts on overseeing the execution of the ECtHR judgments are further enhanced and coordinated.
Resources and publications

Opinion on selected articles of the draft law of the Republic of Armenia on the Compulsory Enforcement of Judicial Acts

Concept paper of the new law on Police Guard (Armenian)

ECHR Article 3 Guide (in Armenian)

ECHR Article 11 Guide (in Armenian)

Guide on the practical issues of using alternative to detention restraint measures (in Armenian)