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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