HARUTYUNYAN v. ARMENIA JUDGMENT
11
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
47. The applicant complained that his right not to incriminate himself
and his right to a fair trial had been infringed by the use at his trial of his
confession statements and the statements by witnesses T. and A., which had
been obtained under torture. He relied on Article 6 § 1 of the Convention
which, in so far as relevant, provides:
“In the determination of ... any criminal charge against him, everyone is entitled to a
fair ... hearing ... by [a] ... tribunal ...”
A. Admissibility
48. The Government claimed that the Court lacked competence ratione
temporis to examine the applicant’s complaints. They submitted that the
evidence in question was obtained under torture from the applicant and
witnesses T. and A. on 16 and 17 April 1999. Hence, the facts which,
according to the applicant, amounted to a violation of Article 6 § 1 of the
Convention took place prior to the date of the Convention’s entry into force
in respect of Armenia, namely 26 April 2002.
49. The applicant submitted that he was complaining under Article 6 § 1
of the Convention about the use of the evidence in question at his trial. The
relevant court proceedings had taken place after the date of the
Convention’s entry into force in respect of Armenia.
50. The Court observes that, in accordance with the generally recognised
rules of international law, the Convention only governs, for each
Contracting Party, facts subsequent to its entry into force with regard to that
Party (see, among many other authorities, Jovanović v. Croatia (dec.),
no. 59109/00, ECHR 2002-III). The Court notes that the applicant does not
complain of the fact of ill-treatment per se, which undoubtedly took place
before 26 April 2002, that is, the date of the Convention’s entry into force in
respect of Armenia. His complaints relate to the use of evidence obtained as
a result of such ill-treatment in the criminal proceedings against him. As far
as these proceedings are concerned, the Court notes that the relevant court
judgments and decisions were taken after 26 April 2002 (see paragraphs 25,
40 and 43 above). It follows that the applicant’s complaints fall within the
Court’s competence ratione temporis.
51. The Court further notes that these complaints are not manifestly
ill-founded within the meaning of Article 35 § 3 of the Convention. It also
notes that they are not inadmissible on any other grounds. They must
therefore be declared admissible.
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