5.  The applicant was born in 1956 and lives in Baghramyan village. 6.  On 26 June 2001 Suren Muradyan was drafted into the Armenian army and assigned to military unit no. 59703 of the Nagorno Karabakh Armed Forces (hereafter, the military unit) situated in the unrecognised Nagorno Karabakh Republic (hereafter, Nagorno Karabakh). During his service he also participated in the activities of the music squad as a trumpet player. 7.  From 24 or 25 July 2002 Suren Muradyan started to feel unwell. His temperature occasionally rose to 40oC, he shivered and had headaches, and suffered from nausea and loss of appetite. 8.  It appears that on the next day Suren Muradyan, who remained in the barracks throughout this period, was visited by the head of the military unit’s medical service, A.H. (hereafter, military unit doctor A.H.). The outcome of this visit is unclear. It further appears that on 27 July 2002, when Suren Muradyan’s condition worsened, his fellow servicemen once again called A.H., who at the time was at the aid post. He refused to visit, telling them that Suren Muradyan should come to the aid post himself. 9.  It further appears that later Suren Muradyan was visited by the head of the military unit’s aid post, S.G. (hereafter, military unit doctor S.G.), who apparently administered anti-fever pills and gave some injections. Suren Muradyan was apparently diagnosed as having “acute respiratory illness”. 10.  Throughout this entire period only two entries were made in Suren Muradyan’s personal medical file kept at the military unit’s aid post, on 29 July and 1 August 2002, according to which Suren Muradyan was suffering from general asthenia, loss of appetite, body aches, muscle pain and high fever. Anti-fever medicine was prescribed, such as analgin and paracetamol. 11.  On 3 August 2002 at 6.30 p.m. Suren Muradyan, whose condition had deteriorated, was taken to the military hospital of Mekhakavan (Nagorno Karabakh) by military unit doctor S.G. At the time of admission Suren Muradyan complained of general asthenia, nausea, fever and shivering. As a preliminary diagnosis “malaria” was indicated. The acting head of the infection unit of the hospital, I.M. (hereafter, hospital doctor I.M.), was assigned as his doctor in charge. 12.  At 6.45 p.m. Suren Muradyan underwent a preliminary examination. His temperature was 38.5oC and his general condition was considered to be of medium gravity. He believed himself to have been ill for the past week with periodic rises of temperature and shivering fits. His lungs were checked and abdomen palpated. Upon palpation, the left side of his abdomen caused him pain, while the right side caused only light pain. In conclusion it was noted that Suren Muradyan was to undergo close observation of his temperature and a parasitological examination, taking into account that he was serving in a malaria hotbed and had preliminary clinical signs of malaria. Anti-fever medicine and vitamins were prescribed and he was put on a drip. 13.  On 4 August 2002 at 11 a.m. Suren Muradyan’s general condition was considered relatively satisfactory and his temperature was 37.2oC. He had no shivering fits. 14.  At 3.30 p.m. Suren Muradyan started shivering and his temperature rose to 39.8oC. A general blood test and a parasitological examination were assigned, and a blood sample was taken for examination. 15.  At 7.40 p.m. Suren Muradyan’s condition worsened. He was conscious and agitated. He vomited, complained of nausea and abdominal pains and was pale and breathing heavily. According to the medical orderly, Suren Muradyan fell down after returning from the lavatory. While being examined, he lost consciousness and his pulse disappeared. A resuscitation specialist was urgently called. 16.  At 7.45 p.m. the resuscitation specialist registered Suren Muradyan’s clinical death and started resuscitation therapy. 17.  At 9.15 p.m., after the resuscitation therapy proved ineffective, Suren Muradyan’s biological death was registered. According to the results of the parasitological test, which became known on the same day, no trace of malaria was discovered in Suren Muradyan’s blood sample. 18.  On 5 August 2002 investigator G. of the Hadrut Garrison Military Prosecutor’s Office of Nagorno Karabakh ordered a post-mortem examination of Suren Muradyan’s body to be conducted by a forensic medical expert in Yerevan, Armenia. The expert was asked to determine the time and cause of death, the existence of any external injuries, their nature, method of infliction and possible link with the death. The above‑mentioned blood sample was also presented to the expert for a malaria test. 19.  On the same day the investigator conducted an external examination of Suren Muradyan’s body. He then took a statement from a senior nurse from the hospital reception who submitted that Suren Muradyan, upon his arrival at the hospital, was feeling so unwell that he could hardly speak and asked to lie down. After he told hospital doctor I.M. that he had been feeling this way for the last eight days, I.M. angrily asked military unit doctor S.G., who had accompanied Suren Muradyan to the hospital, why he had been brought to the hospital so belatedly. The nurse further confirmed that Suren Muradyan had been brought to the hospital with suspected malaria. 20.  On 6 August 2002 forensic medical expert M.B. started the post‑mortem examination, including an autopsy, of Suren Muradyan’s body and on the same day sent a telegram to investigator G., saying that Suren Muradyan had died as a result of acute internal bleeding caused by a ruptured spleen resulting from an internal blunt injury to the left side of the abdomen involving old and new bruises. 21.  On the same day the investigator decided, taking into account that Suren Muradyan had been subjected to ill-treatment, to institute criminal proceedings no. 91204602 under Article 105 § 2 of the old Criminal Code of Armenia (intentional infliction of grave bodily harm resulting in the victim’s death). 22.  On 7 August 2002 at least six servicemen of the military unit were questioned as witnesses. According to their statements, on 21 July 2002 a group of servicemen of the military unit, including Suren Muradyan, had been taken to the town of Martuni (Nagorno Karabakh) in order to participate in a comedy contest organised between teams from different military units. The group was accompanied by lieutenant V.G. and captain D.H. (hereafter, officers V.G. and D.H.). After the contest, the servicemen had been taken to a post office, outside which an argument had erupted between officers V.G. and D.H. on one side and Suren Muradyan on the other. Officer V.G. claimed that a watch that Suren Muradyan was wearing belonged to him and had been lost some days before, during a table tennis match. Officers V.G. and D.H. had both started swearing at Suren Muradyan. Officer V.G. had then grabbed Suren Muradyan’s hand and removed the watch. Suren Muradyan had explained that he had borrowed the watch from a fellow serviceman, whose name he did not know, to wear at the comedy contest. Officers V.G. and D.H. did not believe him and gave him a deadline to reveal the identity of that person. They further claimed that a second watch had been lost and ordered Suren Muradyan to find and bring it within the same deadline. Officer D.H. had threatened that, if he failed to do so, he would get into trouble. After the incident the group had walked to the bus to return to the military unit. Suren Muradyan and officers V.G. and D.H. had walked apart, calmly discussing something.
In reply to the investigator’s question, the servicemen stated that neither V.G. nor D.H. had hit Suren Muradyan during the argument. They further stated that they had heard later from Suren Muradyan that during the following days he had been taken on several occasions by officers V.G. and D.H. to the office of lieutenant colonel K.Z., the acting commander of the military unit, who was also its deputy commander (hereafter, officer K.Z.). There he had been given a deadline to comply with their demands. Officer K.Z. had threatened that, if he failed to do so, he would get into trouble and would be punished. From 24-25 July 2002 Suren Muradyan had started to feel unwell and stayed in bed. A couple of times he had been visited by military unit doctors A.H. and S.G. On 2 August a group of servicemen of the military unit had travelled to the town of Stepanakert (Nagorno Karabakh) to participate in another round of the contest. Suren Muradyan had gone along but could not participate as he felt very unwell. The group had returned to the military unit from Stepanakert late at night and on the following day Suren Muradyan had been taken to hospital.
In reply to the investigator’s question, the servicemen stated that they were unaware if Suren Muradyan had been beaten or had been involved in a fight. 23.  On the same date two other servicemen of the military unit, K.E. and G.M., were questioned. Serviceman K.E. stated that he had been present during the table tennis match in question, while serviceman G.M. stated that he was the person who had lent the watch to Suren Muradyan. On 23 or 24 July 2002 (according to serviceman G.M.) or 25 July 2002 (according to serviceman K.E.) all three of them had been taken several times by officers V.G. and D.H. to officer K.Z.’s office in the headquarters, where they were asked about the watches. There they had been given a deadline until 6 p.m. to find and bring the second watch. When they had returned at 6 p.m., Suren Muradyan and serviceman K.E. had been ordered to enter first, while serviceman G.M. had entered after they went out. According to serviceman G.M., they had been given two more days, while according to serviceman K.E., they had been given until Saturday (27 July) morning to find the second watch. Serviceman K.E. further stated that on 27 July he had been temporarily transferred to a different location for works and was no longer involved in this story. He added that when he and Suren Muradyan had been together in the office nobody had touched them. 24.  On 9 and 10 August 2002 respectively the investigator took statements from officers D.H. and V.G. in their capacity of witnesses, who recounted the events that had taken place on 21 July 2002 in Martuni, including the argument between them and Suren Muradyan near the post office. Officer V.G. stated, inter alia, that Suren Muradyan had voluntarily removed and handed the watch to him. Officer D.H. stated, inter alia, that he had met Suren Muradyan on the next morning in front of the headquarters and had given him a three-day deadline to find and bring the second watch. Both officers further stated that following the expiry of the three-day deadline they had taken Suren Muradyan and serviceman K.E. to the office of officer K.Z. who had had a talk with them in private.
No questions were posed by the investigator to officer D.H., while officer V.G. was asked several questions about the argument of 21 July 2002. Officer V.G. admitted swearing at Suren Muradyan, as well as briefly shaking and pulling on his hand, but denied hitting him and could not remember whether he or officer D.H. had slapped him. 25.  On 11 August 2002 the investigator questioned officer D.H. as a witness, posing a number of questions about the argument of 21 July 2002. The investigator further asked for information on the follow-up meetings, to which officer D.H. confirmed his earlier statement, adding that he had not heard any noise coming from officer K.Z.’s office while waiting outside. 26.  On the same date serviceman K.E. was questioned again. He added to his previous statement that officer K.Z. had sworn at them but had not hit them, when he and Suren Muradyan were in his office. 27.  On 12 August 2002 officers D.H. and V.G. were questioned again and asked further questions about the argument of 21 July 2002. Officer D.H. was further asked, inter alia, whether he had had personal motives in summoning Suren Muradyan so often to the headquarters, as well as why no entry had been made in Suren Muradyan’s medical file until 3 August 2002, if he had asked for medical help already on 25 July 2002. 28.  On 17 August 2002 the investigator took a statement from officer K.Z. in his capacity as a witness. Officer K.Z. confirmed that he had summoned Suren Muradyan and serviceman K.E. to his office for a talk in connection with the lost watches. During their talk Suren Muradyan had been allowed to go and fetch serviceman G.M. He had then had a talk with all three of them, releasing G.M. first and ordering the other two to find and bring the second watch. Officer K.Z. further stated that on 29 July 2002 he had again summoned Suren Muradyan and serviceman K.E. but the latter had come alone since Suren Muradyan was unwell. He had then ordered serviceman K.E. to fetch Suren Muradyan. When the latter came, he had asked what was wrong with him and why he was staying in the barracks, to which Suren Muradyan had replied that he had a fever and was taking treatment prescribed by the doctor. He had then given them one week to find the second watch.
The investigator posed two questions to officer K.Z.: (a) whether he had beaten, slapped or sworn at Suren Muradyan or serviceman K.E. when they were in his office, which officer K.Z. denied, and (b) whether he was alone when he met with them, to which officer K.Z. replied that he had met them only in his office. 29.  On 2 September 2002 the applicant was granted victim status. 30.  On 11 September 2002 the post-mortem examination was completed and its results were sent to the Hadrut Garrison Military Prosecutor’s Office. The relevant parts of forensic medical expert M.B.’s conclusions read as follows:
“External examination of the corpse. ... Injuries: There is an abrasion measuring 0.8 x 0.6 cm on the right side of the forehead, which is located lower than the surrounding skin and has a dark red surface. ...
Internal examination of the corpse. ... In the thickness of the muscles in the area of the left side of the abdomen, in the projection of the spleen, bruising measuring 10 x 9 cm was discovered...
The blood sample taken from Suren Muradyan at the hospital was sent to the Ministry of Defence of Armenia and the National Security Service of Armenia for a bacteriological examination...
The following reply, dated 21 August 2002, was received from military unit no. 74252 of the Ministry of Defence of Armenia on 28 August 2002 ... ‘three-day-old malaria agents ... were found as a result of a bacteriological examination under a microscope slide of Suren Muradyan’s blood smear taken at the hospital’. According to the results of the forensic histological examination ... dated 11 September 2002 ... ‘Forensic histological conclusion: ... old and new bruises to soft tissues in the area of the left side of the abdomen; internal bruising of the spleen’.
Forensic medical diagnosis. A closed blunt injury to the abdomen, old and new bruises to soft tissues and muscles in the area of the left side of the abdomen, enlarged spleen..., spleen rupture and bruising, ... Acute internal bleeding. Malaria. An abrasion on the right side of the forehead...
Conclusions.
... 2.  Suren Muradyan’s death was caused by acute internal bleeding resulting from the rupture of the deformed and enlarged spleen, accompanied by a closed and diffuse abdominal injury and by old and new bruises in the area of the left side of the abdomen. 3.  The following injuries were identified as a result of the forensic medical examination of Suren Muradyan’s corpse: old and new bruises to soft tissues and muscles in the area of the left side of the abdomen, spleen rupture and bruising ... [and] an abrasion on the right side of the forehead. ... Of the above-mentioned bodily injuries the old and new bruises to soft tissues and muscles in the area of the left side of the abdomen [and] spleen rupture and bruising ... were inflicted by blunt objects or tools having a limited surface; judging by the nature of the old and new bruises to soft tissues and muscles in the area of the left side of the abdomen it can be said that the old bruises are more than about 8-10 days old, while the new bruising is about 1-2 days old. The closed and diffuse abdominal injury accompanied by spleen rupture and acute internal bleeding is considered a grave bodily injury posing threat to life and has a direct causal link with [Suren Muradyan’s] death. The abrasion on the right side of the forehead was inflicted while alive by a blunt object having a limited surface and is considered a minor bodily injury... 4.  As indicated above, the death occurred more than 8-10 days after the infliction of the main injuries (the above-mentioned old bruising in the area of the left side of the abdomen, in all probability accompanied by an initial sub-capsular rupture of the spleen and absorbent haemorrhage). As regards the abrasion on the right side of the forehead and the new bruise, these were inflicted 1-2 days before death.
... 12.  It follows from the reply received from Laboratory no. 3 of the Ministry of Defence of Armenia that three-day-old malaria agents were discovered in the blood sample [taken from Suren Muradyan at the military hospital]. 31.  On 12 September 2002 officers V.G. and D.H. were arrested under Article 251 of the old Criminal Code of Armenia (insult of a subordinate by a violent act by a superior). 32.  On 13 September 2002 they were charged under the same Article and were detained. This decision stated that on 21 July 2002 at around 6.30 p.m. near Martuni post office, officers V.G. and D.H., being public officials and suspecting Suren Muradyan of theft, instead of applying disciplinary sanctions, attacked him in front of about fifteen servicemen by swearing at him, thereby humiliating him. It further stated that officer V.G., having pulled at Suren Muradyan, caused him physical pain. 33.  On 14 September 2002 officers V.G. and D.H. were questioned as suspects and both confirmed that on 21 July 2002 they had pulled and sworn at Suren Muradyan near the Martuni post office. They were asked questions about the swear words used. 34.  On 25 September 2002 investigator G. decided to assign a panel forensic medical examination in order to determine the scope of responsibility of the military unit and the hospital doctors for Suren Muradyan’s death, including the timeliness and accuracy of the diagnosis and the treatment provided, the timeliness of his transfer to hospital and whether they could have detected the injuries revealed by the post-mortem examination. This decision stated, inter alia, that on 21 July 2002 Suren Muradyan had had an argument with two officers of the military unit, V.G. and D.H., after which, starting from 24 July, his health had deteriorated. 35.  On 6 October 2002 a serviceman of the military unit’s music squad was questioned. He stated that Suren Muradyan had had no arguments or scuffles with anybody. On the way back from Martuni, Suren Muradyan had told him that he had got into trouble because of this watch and that “now they would frame him”. However, Suren Muradyan had never told him or others that he had been ill-treated, even in reply to a direct question following his visit to officer K.Z.’s office. The serviceman confirmed that Suren Muradyan had started to feel unwell from 24 July 2002. He further stated that he and others had wiped sweat from Suren Muradyan’s forehead, belly, back and legs during his illness but had not noticed any traces of injuries. On the second day of his illness, military unit doctor A.H. had come to visit him and concluded that he had caught cold. Several days later military unit doctor S.G. had come, said that Suren Muradyan had flu and given him some pills. On the last days Suren Muradyan had been very ill: he had lost a lot of weight and staggered when walking, so they had to accompany him to the toilets. 36.  On 6 November 2002 the experts conducting the panel forensic medical examination produced their opinion. According to its conclusions, it had been possible for the doctors of the military unit not to discover the injuries which led to Suren Muradyan’s death since there were no visible traces of injuries on the surface of the skin. The enlarged spleen might have been caused by malaria and the injury sustained by Suren Muradyan might have brought about the sub-capsular bleeding which later led to a ruptured spleen and acute internal bleeding. Referring to the fact that no malaria agents were discovered in Suren Muradyan’s blood sample by the parasitological examination of 4 August 2002, the experts attributed this to the fact that agents could be detected at the stage of the disease when the sick person experiences shivering and fever accompanied by high temperature. The opinion lastly stated that, given that no malaria agents had been discovered, not specific but symptomatic treatment had to be prescribed, and in fact had been provided in full. 37.  On 7 November 2002 serviceman G.M. was questioned again and stated that both Suren Muradyan and serviceman K.E. had denied having been beaten or sworn at during their first visit to officer K.Z.’s office. When he and Suren Muradyan visited the office the next morning, officer K.Z. had said to him “Why did you enter? You go out, you have received your punishment”. In reply to the investigator’s question, serviceman G.M. stated that he had not noticed any bruises or signs of pain on Suren Muradyan when he came out of the office five minutes later. He could not say what officer K.Z. meant by his statement and whether it meant that now it was Suren Muradyan’s turn to be punished. 38.  On 2 December 2002 the applicant lodged a complaint with the Military Prosecutor of Armenia, arguing in detail that his son had died as a result of a beating by officers V.G., D.H., K.Z. and another officer, B., as well as the failure of the doctors of the military unit, S.G. and A.H., to provide medical assistance. He claimed that serviceman G.M. had admitted during questioning, in his presence, that he had been badly ill-treated by officer K.Z. in his office. Suren Muradyan had been next to enter that office, alone, and the following morning he had been so unwell in bed that he was not able to return to officer K.Z.’s office. The applicant alleged that the beating which resulted in Suren Muradyan’s ruptured spleen and subsequent death had taken place at that moment. He further claimed that the doctors had intentionally refused to provide medical assistance and to transfer Suren Muradyan to hospital in order to cover up the abuse. The applicant requested the Military Prosecutor to identify those responsible for his son’s death. 39.  On 10 December 2002 investigator G. decided to order an additional forensic medical examination. In addition to the questions asked earlier, the experts were requested to determine whether the military unit and the hospital doctors could have detected the spleen enlargement and what they were supposed to do if it had been detected, as well as whether Suren Muradyan’s spleen could have ruptured earlier and been followed by slow bleeding. 40.  On 11 December 2002 the forensic medical experts produced an additional opinion. According to its conclusions, since on 29 July 2002 Suren Muradyan had not complained of abdominal pains, the doctors of the military unit had no reason to suspect malaria and diagnosed his condition as an acute respiratory illness. The opinion further stated that usually a doctor was obliged to deliver a diagnosis after having carefully examined the patient. Suren Muradyan’s medical file contained his complaints but no indication of results of any such examination. If on 29 July 2002 Suren Muradyan’s spleen had already been enlarged, it would have been possible to detect this through palpation and to transfer him to hospital. The same was possible at the hospital. As regards the sub-capsular rupture of the spleen, it was almost impossible to detect. Had the spleen rupture been detected and the spleen removed by surgery, Suren Muradyan’s life could have been saved. Lastly, the injuries discovered by the post-mortem examination were not detected by the doctors since there were no visible traces of injuries on the outer part of the skin. 41.  On 15 December 2002 a serviceman, K.B., who had been undergoing treatment at the hospital when Suren Muradyan was admitted, was questioned. He stated that he had become acquainted with Suren Muradyan upon the latter’s admission to hospital. Suren Muradyan had looked very ill and told him that he had spent the last eight days in the barracks. K.B. further stated that he had not noticed any bruises on Suren Muradyan’s forehead or any fights or arguments during his two-day stay in hospital. 42.  On 4 February 2003 the criminal case against officers V.G. and D.H. concerning the charges of insult was disjoined from the main criminal proceedings concerning Suren Muradyan’s death since there was no causal link between the two. A new number was assigned to the disjoined case (no. 91200703). 43.  During the investigation a number of other unrelated offences committed by officers V.G. and D.H. were revealed. As regards, in particular, officer D.H., the investigation revealed that in April 2002 he had kicked a soldier for sleeping on watch duty and broken the soldier’s arm. Officer D.H. was charged with inflicting bodily injuries. 44.  On 28 February 2003 the bill of indictment concerning the disjoined case was submitted to the Syunik Regional Court. 45.  By a letter of 19 March 2003 the Minister of Defence of Nagorno Karabakh filed a motion with the Syunik Regional Court requesting that a non-custodial sentence be imposed on officer D.H. and that he stay under the control of the military unit command, taking into account his long and diligent service in the armed forces, the report/request of the command of formation no. 42009 and the fact that he regretted his actions and that his actions posed no danger to society. 46.  On 12 April 2003 forensic medical expert M.B. was questioned. He confirmed that Suren Muradyan had already been ill with malaria when he sustained the old bruises in the area of the left side of the abdomen. He stated that the fact that Suren Muradyan was ill might have accelerated the transformation of the sub-capsular rupture into a full rupture and internal bleeding. However, even a healthy spleen could suffer a sub-capsular rupture from a blow, later leading to a full rupture. The transformation of the sub-capsular rupture into full rupture could happen with or without external influence. The expert lastly confirmed that the new bruises found on Suren Muradyan’s body and the abrasion to the left side of his forehead could have been caused by his falling on the hospital floor not long before his death. 47.  On 18 April 2003 serviceman G.M. was questioned again and confirmed that no sound of blows or other loud noise could be heard when he had waited for Suren Muradyan outside the office. Later he had heard rumours that Suren Muradyan had been beaten by officers V.G. and D.H. Serviceman G.M. further explained that he had inquired with Suren Muradyan and serviceman K.E. whether they had been beaten, because officer K.Z. had hit him a few times while in the office. He lastly requested that no criminal proceedings be brought against officer K.Z. because he had hit him just two or three times on his buttocks. 48.  On 24 April 2003 the applicant contacted the investigating authority, willing to provide additional information. On the next day he was questioned and stated that in October-November 2002 he had heard from a former colleague of his, who in mid-August 2002 had visited a relative serving in the same military unit, that he had heard one of the officers saying that a serviceman matching Suren Muradyan’s description had recently died as a result of a beating by officer V.G. 49.  On 26 April 2003 both the former colleague and his relative serving in the military unit were questioned and confirmed this information but could not remember the name of the officer in question. On 4 October 2003 the former colleague’s relative was once again questioned and stated that the officer’s name was V.M. 50.  On 27 April 2003 several more persons were questioned, including military unit doctors S.G. and A.H., hospital doctor I.M., and an orderly of the hospital, H.G. 51.  Military unit doctor S.G. stated, inter alia, that a few months before, during a conversation with serviceman G.M., he had asked the latter to confirm the rumours that Suren Muradyan had been beaten by officers V.G. and D.H., to which serviceman G.M. replied that he was not aware of that. S.G. was further asked questions regarding the medical assistance provided to Suren Muradyan at the military unit. 52.  Military unit doctor A.H. claimed that he had also examined Suren Muradyan once, including palpating his abdomen, but no abnormalities were found or bruises and injuries revealed. He was further asked to explain as to why he had refused to visit Suren Muradyan after being called by the latter’s fellow serviceman. 53.  Hospital doctor I.M. stated that it was he who had initially diagnosed Suren Muradyan as having malaria, because of the symptoms and the fact that he was serving in a malaria hotbed. Suren Muradyan had not told him, except on the day he died, that he had been beaten or that he had fallen, and since there were no symptoms he did not put such questions to the patient. However, on the last day, when he rushed to provide medical aid to Suren Muradyan, the latter, when asked what had happened, told him “I have pain in my belly, I feel very ill, I fell not long ago in the ward”. 54.  Hospital orderly H.G. stated that on 4 August 2002 at 7 p.m. Suren Muradyan had told him that shortly before he had felt giddy and fallen down. About half an hour later he had called a doctor because Suren Muradyan’s condition had worsened and then, after Suren Muradyan lost consciousness, he summoned the resuscitation specialist, who came and started resuscitation procedures. 55.  On an unspecified date the court proceedings into the disjoined criminal case against officers V.G. and D.H. on account of insult commenced at the Syunik Regional Court of Armenia, sitting in Stepanakert (Nagorno Karabakh). It appears that officer V.G. pleaded guilty and admitted that he had sworn at and pushed Suren Muradyan and pulled the watch off his wrist, but said that he had not hit him. 56.  On 5 May 2003 the Syunik Regional Court found officers V.G. and D.H. guilty as charged and sentenced them to one year’s imprisonment. 57.  On 2 June 2003 officer V.G. was released on parole. 58.  On 10 July 2003 the investigation into Suren Muradyan’s death (criminal case no. 91204602) was taken over by the Military Prosecutor’s Office of Armenia and assigned to investigator H. 59.  On 12 September 2003 the applicant lodged a complaint with the Military Prosecutor’s Office of Armenia, claiming that the investigation was flawed and had failed to reveal those responsible for his son’s death, despite the fact that there was sufficient evidence that he had died as a result of ill‑treatment by the three officers, V.G., D.H. and K.Z. 60.  On 1 October 2003 military unit doctor A.H. was questioned again and confirmed his earlier statement (see paragraph 52 above). 61.  On 6 October 2003 serviceman G.M. was questioned again and added to his previous statements that on the day of their first visit to officer K.Z.’s office, K.Z. had hit him two or three times with a wooden pole on his buttocks when he was alone in his office. 62.  On 11 November 2003 a confrontation was held between serviceman K.E. and another serviceman, during which K.E. stated that on the day of their first visit to officer K.Z.’s office they had also gone to officer D.H.’s office where the latter had started screaming at them because of the stolen watch. Officer K.Z. also threatened to undress them in front of the entire battalion if they failed to find the second watch. 63.  On 5 December 2003 serviceman G.M. was questioned again and described in greater detail how officer K.Z. had taken a wooden pole from behind a safe, told him to lean against the wall and hit him three times on his buttocks. 64.  On 14 April 2004 officer V.G. was questioned and stated that he had not provided the full story in his previous testimony and that during the argument between him and Suren Muradyan on 21 July 2002 he had grabbed the latter’s left wrist with his right hand and started shaking it briskly, during which Suren Muradyan’s fist had touched the left side of his abdomen in the area of the spleen. Being very angry, he had not noticed whether Suren Muradyan’s facial expression had changed as a result of the blow, but he had not displayed any unusual movements or convulsions. Officer V.G. further denied hitting Suren Muradyan. 65.  On 19 April 2004 the investigator questioned two of the servicemen, A.P. and D.M., who had previously testified on 7 August 2002 and asked them to describe how officer V.G. had pulled on Suren Muradyan’s hand on 21 July 2002. According to A.P., officer V.G. had grabbed Suren Muradyan’s left forearm, while according to D.M. – the left wrist, and had pulled forcefully. Suren Muradyan had tried unsuccessfully to free his arm. When he was pulling back his arm, officer V.G.’s hand was also being pulled back with it. Officer V.G. had then removed the watch with his other hand, while still holding on to Suren Muradyan with his right hand. 66.  On 2 August 2004 the applicant was questioned and stated that some days earlier he had bumped into a number of servicemen who had told him about the circumstances of Suren Muradyan’s murder and the identities of those who had ill-treated him. According to them, Suren Muradyan had told them that he had been summoned to the headquarters where he had been badly beaten by officers V.G., D.H. and K.Z., as a result of which he had lost consciousness and been taken back to the barracks by couriers. The applicant requested that these allegations be investigated. 67.  On 9 August 2004 the Military Prosecutor of Armenia addressed a letter to the Head of the National Security Service of Nagorno Karabakh, informing him of the applicant’s allegations and requesting that those circumstances be clarified. 68.  On 17 and 19 August 2004 the investigator questioned officers D.H. and V.G. respectively. Both denied the above allegations. Officer V.G. added that the only time that there had been any use of force in respect of Suren Muradyan was during the incident of 21 July 2002, when he had shaken Suren Muradyan’s hand briskly, during which his hand had touched Suren Muradyan’s abdomen. In reply to the investigator’s question as to why he had earlier stated that it had been Suren Muradyan’s hand that touched the abdomen while now he was stating that it had been his hand, officer V.G. stated that, since he was holding Suren Muradyan’s hand in his hand, both his and Suren Muradyan’s hands had touched the abdomen. 69.  On 2 September 2004 the investigator decided to assign an additional panel forensic medical examination and pose further questions to the medical experts, taking into account that it had been established that during the argument of 21 July 2002 officer V.G. had accidentally hit Suren Muradyan in the left side of the abdomen. It had been further established that on 4 August 2002 Suren Muradyan had fallen at the hospital, with his left hand under his belly. 70.  On 16 September 2004 forensic medical expert M.B. was questioned again. He stated that the sub-capsular rupture and the bruising to the soft tissues had been caused by direct contact with a blunt object. If, during that blow, officer V.G. had held in his hand the deceased’s forearm or part of his wrist, those parts must have touched the front wall of the deceased’s abdomen during the blow, while the injuries, namely the rupture and the bruising to the soft tissues of the abdominal area, were caused by direct contact with officer V.G.’s fist; contact between the deceased’s wrist or forearm with that area could not have caused the sub-capsular rupture. If the deceased’s wrist or forearm or fist touched the abdomen, then officer V.G.’s fist must have undoubtedly touched the front wall of the abdomen. 71.  On 12 October 2004 the panel of experts produced their opinion in reply to the questions posed by the investigator’s decision of 2 September 2004. As regards the responsibility of the military unit and the hospital doctors, the experts found that they had failed to reach a timely and accurate diagnosis and to provide adequate medical treatment. The opinion further included, inter alia, the following questions and answers:
(1)  Question: what impact could the blow sustained by Suren Muradyan during the argument of 21 July 2002 have had on his health? Could it have caused spleen rupture, internal bruising and subsequently death? Answer: as a result of the blow sustained during the argument of 21 July 2002, Suren Muradyan sustained bruises to muscles and a sub-capsular rupture of his spleen which later led to his death.
(2)  Question: was he ill with malaria on 21 July 2002 and why were no malaria agents found in his blood sample at the military hospital, if three‑day-old malaria agents were found in the same sample following a later test? Answer: on 21 July 2002 Suren Muradyan was suffering from malaria.
(3)  Question: what impact would the above-mentioned blow have had on his health if he had not been ill with malaria? Answer: depending on the strength, location and nature of the blow, it was possible not to sustain a sub-capsular rupture, but even a light blow could cause spleen rupture to an unhealthy and deformed spleen.
(4)  Question: could he have sustained bruises to soft tissues in the area of the left side of his abdomen by falling at the hospital on 4 August 2002? Answer: the new bruising to soft tissues in the area of the left side of Suren Muradyan’s abdomen could have been caused by his fall at the hospital.
(5)  Question: exactly when did his spleen rupture occur, and would his life have been unequivocally saved, if diagnosis had been made in a timely manner? Answer: the sub-capsular rupture of Suren Muradyan’s spleen occurred on 21 July 2002, while the second rupture occurred on 4 August 2002 at 7.10 p.m., as a result of which he most likely lost consciousness and fell down. Had the internal bleeding been diagnosed in a timely manner, it might have been possible to save Suren Muradyan’s life. 72.  On 21 October 2004 forensic medical expert K.H., who had contributed to the opinions of 6 November and 11 December 2002 and 12 October 2004, was questioned. Asked about the discrepancies between the findings in those opinions, expert K.H. stated that it must have been an automatic mistake and admitted that she had not read one of the opinions before signing it. She further stated that the reason why no trace of malaria had been discovered at the Mekhakavan hospital could have been due to lack of proper equipment. She lastly stated that an enlarged spleen in a person suffering from malaria would become hard and filled with blood, the capsule would be strained and become more sensitive. Even a light blow might cause a sub-capsular rupture. 73.  On 4 November 2004 hospital doctor I.M. was questioned and added to his previous statement that the pain upon palpation of Suren Muradyan’s abdomen made him suspect that it was connected with malaria. In reply to the investigator’s question as to why he had not administered anti-malaria treatment if he had been convinced of that diagnosis, I.M. replied that he had had to wait for the result of the parasitological test. Furthermore, often an initial negative result of such test did not mean that a patient had no malaria and this could be confirmed only after a third negative result. 74.  On 5 November 2004 the forensic medical expert who had presided over the panel which had produced the opinion of 12 October 2004 was questioned and confirmed the responsibility of both the military unit and the hospital doctors. 75.  On the same date the Head of the National Security Service of Nagorno Karabakh sent a letter, marked “secret”, to the Military Prosecutor of Armenia. The relevant parts of the letter read as follows:
“To your [letter] of 9 August 2004: ...
The following has been disclosed as a result of the activities aimed at revealing the circumstances, which are of interest, concerning the death on 4 August 2002 of private [Suren Muradyan], a compulsory military serviceman of military unit no. 59703.
For the purpose of clarifying the names of those servicemen who, after the well‑known beating of [Suren Muradyan], accompanied him to the barracks or were eyewitnesses, a list of staff of the military unit’s music squad, who have been demobilised and are Armenian nationals, was retrieved. At present only the deputy commander of the military unit, [officer K.Z.] (since the incident he has become uncommunicative and avoids discussing this matter even with his close relatives), continues to serve in the said military unit, while [officer D.H.] has possibly moved to [another] military unit, while [officer V.G.] has been demobilised.” 76.  On 15 November 2004 the Minister of Defence of Nagorno Karabakh filed a motion with the Military Prosecutor of Armenia, asking for officer K.Z. not to be prosecuted, taking into account his positive characteristics, his impeccable service in the armed forces and his active participation in the struggle for the existence of Nagorno Karabakh, as well as the report/request of the command of formation no. 42009. 77.  On 17 November 2004 charges were brought against hospital doctor I.M. under Article 375 § 2 of the new Criminal Code of Armenia (abuse of authority or public position, accidentally resulting in grave consequences) on the ground that he had failed to provide adequate treatment to Suren Muradyan. 78.  On 19 November 2004 the Military Prosecutor of Armenia lodged an application with the Court of Cassation seeking to re-open the proceedings concerning the criminal case against officer V.G. on the basis of a newly established circumstance. The Military Prosecutor submitted that all possible hypotheses had been verified and it had been established that, apart from the incident of 21 July 2002, Suren Muradyan had no other conflicts and had good relations with fellow servicemen and officers. It followed from the statements made by officer V.G. on 14 April and 19 August 2004, in which he admitted that during the incident of 21 July 2002 both his and Suren Muradyan’s hands had touched the left side of the victim’s body, that the sub-capsular rupture of Suren Muradyan’s spleen was a result of that incident. 79.  On the same date the applicant lodged a challenge with the General Prosecutor’s Office against the Military Prosecutor and other employees of the Military Prosecutor’s Office, arguing in detail that they had failed to conduct an adequate investigation into his son’s death. 80.  On 18 and 29 November 2004 charges were brought against military unit doctors A.H. and S.G. under Article 375 § 2 of the new Criminal Code of Armenia. 81.  On 24 November 2004 the Senior Assistant to the General Prosecutor decided to dismiss the applicant’s challenge of 19 November 2004. This decision stated, inter alia:
“On 10 July 2003 the criminal case [concerning Suren Muradyan’s death] was transferred from the Hadrut Garrison Military Prosecutor’s Office to the investigative division of the Military Prosecutor’s Office of Armenia, where following an investigation it was disclosed that from 22 to 25 July 2002 [officers D.H. and V.G.] had on several occasions summoned [Suren Muradyan] to the headquarters of the military unit, demanded the lost watch and, having received no positive reply, had taken him to [the acting commander of the military unit, K.Z.], who in his office had hit [Suren Muradyan], as well as serviceman [K.E.], who had been called to the office in connection with the same matter, with a wooden pole.
According to the materials of the case, a number of witnesses testified that during the argument of 21 July 2002 nobody had hit [Suren Muradyan]. In the course of additional questioning [officer V.G.] alleged that during the argument of 21 July 2002 he, infuriated by [Suren Muradyan’s] behaviour, had grabbed his hand and shaken it briskly, during which his hand had touched [Suren Muradyan] in the area of the spleen.”
The decision further referred to the expert opinion of 12 October 2004 and specifically its finding that Suren Muradyan had sustained bruises to muscles and a sub-capsular rupture of his spleen as a result of the blow sustained during the argument of 21 July 2002. The Senior Assistant to the General Prosecutor concluded that the arguments raised by the applicant had been examined in the course of a thorough and objective investigation by the Military Prosecutor’s Office and his challenge was therefore unfounded. 82.  On 10 December 2004 the Court of Cassation quashed the judgment of the Syunik Regional Court of 5 May 2003 in its part concerning officer V.G. (see paragraph 56 above) and remitted the case for further investigation. 83.  On 14 December 2004 the investigator, finding that there were discrepancies between previous expert opinions, and also upon the request of one of the accused, namely military hospital doctor I.M., decided to assign a new panel forensic medical examination. 84.  On 24 December 2004 the criminal case against officer V.G. on charges of insult was re-joined to the main criminal proceedings concerning Suren Muradyan’s death. 85.  On 28 December 2004 new charges were brought against officer V.G. under Article 375 § 2 (abuse of authority or public position, accidentally resulting in grave consequences). It appears that he was detained on the same day. 86.  On 25 January 2005 the panel of experts produced their opinion in reply to the questions posed by the investigator’s decision of 14 December 2004, confirming their earlier findings regarding the responsibility of the military unit and the hospital doctors. The opinion also included, inter alia, the following question and answer:
Question: what was the intensity of the blow sustained by Suren Muradyan, considering that it caused bruising of deep muscles? Answer: it was impossible to determine the exact intensity of the blow in the absence of relevant medical criteria, although it could be asserted that the blow had been of certain intensity. 87.  On 18 February 2005 the applicant lodged a complaint with the General Prosecutor’s Office similar to that of 12 September 2003. He also offered to bring witnesses who, according to him, could tell the truth, namely that on 24 July 2002 his son had been beaten by officers V.G., D.H. and K.Z., as a result of which he had suffered the fatal injury. The witnesses could further confirm that his son had lost consciousness and that military unit doctor A.H. had provided first aid and was therefore aware of the ill‑treatment. 88.  On 21 and 22 February and 5 and 10 March 2005 the investigator posed a number of questions, suggested by the applicant, to the four forensic medical experts who had produced the opinion of 25 January 2005. Three of the experts were unable to answer the applicant’s question about whether it was possible for his son, who on 21 July 2002 had allegedly been ill with malaria and had an enlarged spleen, not to complain, have fever or shiver and to feel well. The fourth expert stated that his son might have experienced dull pain.
In reply to the applicant’s question about whether it was possible for his son, whose spleen was enlarged and already ruptured, not to complain for three days of any pain, to feel healthy, participate in exercises and to play the trumpet, two of the experts were unable to provide an answer, the third expert stated that it was only a sub-capsular rupture and not a full one, and the fourth expert stated that it was possible for him not to complain if the sub-capsular rupture had been small, and possible to complain if had been big.
In reply to the applicant’s question about how his son would have reacted (screaming, losing consciousness, and so on) when he sustained the injury resulting in extensive bruising and a sub-capsular spleen rupture, three of the experts stated that different people felt and expressed pain differently. The fourth expert stated that it was equally possible for him to feel or not to feel pain. One of the experts also added that it was only a sub‑capsular rupture and the spleen was not a painful organ.
In reply to the applicant’s question about whether the bruising would have been visible from the outside, one expert referred to the findings in the opinion, two experts said “not necessarily”, while the fourth expert stated that it would have been visible, although external bruises healed faster than internal ones.
In reply to the applicant’s question concerning the responsibility of the military hospital doctor, all experts stated that the doctor had no reason to suspect internal bleeding because the patient had failed to inform him about the injury, there were no visible external traces and the clinical signs were similar to those of malaria. The hospital doctor had carried out all the examinations and tests which he was obliged to in such circumstances. The applicant alleged that each time the investigator had posed this question to an expert, he would first invite him to leave the room. The answers given to this question by all four experts in his absence were almost identical. 89.  On 25 March 2005 the investigator decided to discontinue criminal proceedings against military hospital doctor I.M. for lack of corpus delicti, finding that I.M. had carried out all possible examinations which he was able and obliged to perform in the circumstances. This conclusion was reached on the basis of the above statements of the four forensic medical experts. 90.  On 29 March 2005 the Military Prosecutor of Armenia decided not to prosecute officer K.Z. for beating serviceman G.M. This decision stated that officer K.Z., suspecting Suren Muradyan and serviceman K.E. of lying about the lost watch, had started swearing at them and demanding that they find it. Thereafter he had ordered them to leave his office and called serviceman G.M. When the latter had told the same story as the two other servicemen, officer K.Z. had become furious, started swearing and ordered serviceman G.M. to turn towards the wall, whereupon he had taken a 120 cm long pole and twice hit serviceman G.M. on his buttocks. Serviceman G.M. had started crying and after leaving the office he had asked Suren Muradyan and serviceman K.E. whether they had also been beaten, to which both of them replied “no”. The decision concluded that it was not necessary to prosecute officer K.Z. because he had no criminal record, was known to be of good character and regretted his actions. The motion of the Ministry of Defence of Nagorno Karabakh asking not to prosecute him was also taken into account. 91.  On an unspecified date the applicant submitted to the investigating authority a photograph of his son allegedly performing on stage at the comedy contest in Stepanakert on 2 August 2002, arguing that this proved that his son was not yet that ill on that day. The version that his son felt ill and could not perform had been made up on purpose in order to justify the deterioration of his condition and his transfer to hospital. In reality, upon arriving at the military unit from Stepanakert, he had once again been beaten by the officers on the night from 2 to 3 August 2002, which had caused the spleen rupture. This was also confirmed by the new bruising to soft tissues in the area of the left side of the abdomen revealed during the autopsy. 92.  On 15 April 2005 the bill of indictment was finalised and on 16 April 2005 approved by the Military Prosecutor of Armenia. Its relevant parts stated as follows:
“A number of hypotheses have been checked in the course of the investigation, which have been investigated in an objective manner. Thus, because of a watch found on [Suren Muradyan’s] wrist [officers D.H. and V.G.] invited him to the headquarters on several occasions and presented him to the acting commander of the military unit, [K.Z.], who in an attempt to clarify the above-mentioned question, subjected to beating [serviceman G.M. He] did not, however, beat or hit [Suren Muradyan].
...
It has been confirmed by the investigation that on 21 July 2002, as [officer V.G.] noticed on Suren Muradyan’s wrist his younger brother’s stolen watch, he argued with him, grabbed his hand, started swearing and shook it briskly, during which he hit Suren Muradyan’s abdomen resulting in a sub-capsular rupture of his spleen. Thereafter from 24 July 2002 Suren Muradyan’s health started to deteriorate while in the military unit. On 25 July 2002 Suren Muradyan was visited by [military unit doctor A.H.,] who failed to diagnose Suren Muradyan’s real illness and to make any entries [in the registers] and, having given several paracetamol pills, left. When on 27 July 2002 [A.H.] was called to provide medical assistance to Suren Muradyan, he refused to come and provide assistance and said that the patient should be brought to the aid post. Thereafter Suren Muradyan’s fellow servicemen called [military unit doctor S.G.]. The latter came, also failed to diagnose Suren Muradyan’s real illness and, having given some anti-fever injections and several paracetamol pills, left. Hence, Suren Muradyan remained ill in the military unit until 3 August 2002, which was also in violation of Order no. 586 of the Minister of Defence of 29 May 2000, namely Suren Muradyan was transferred to hospital later than the prescribed 7 days, as a result of which it was impossible to save [his] life.
During the investigation at his additional questioning as a witness on 14 April and 19 August 2004 [officer V.G.] regretted his actions and stated that he had not provided the full story in his previous statements and added that during the incident of 21 July 2002 both his and Suren Muradyan’s hands had hit the left side of the latter’s abdomen.
...
The investigation carried out has confirmed that the sub-capsular rupture of Suren Muradyan’s spleen resulted from [officer V.G.’s] actions during the incident of 21 July 2002.” 93.  All three defendants, namely military officer V.G. and military unit doctors A.H. and S.G., were accused under Article 375 § 2 of the CC in connection with the above acts. 94.  On 21 December 2005 the Syunik Regional Court, sitting in the town of Goris (Armenia), found officer V.G. guilty as charged and sentenced him to five years’ imprisonment, minus the one year and twenty‑four days already spent in detention, finding it to be confirmed that on 21 July 2002 officer V.G., during an argument with Suren Muradyan about a stolen watch, shook briskly Suren Muradyan’s hand, and in doing so his hand touched the left side of Suren Muradyan’s abdomen causing a sub‑capsular rupture of the spleen. As regards military unit doctors A.H. and S.G., the Regional Court re-qualified the charges from Article 375 § 2 to Article 376 § 2 of the CC (official negligence resulting in grave consequences) and, applying Article 64 of the CC, sentenced each of them to a fine of 200,000 Armenian drams (AMD). The Regional Court also granted the civil claim lodged by the applicant and ordered officer V.G. to pay 1,000 United States dollars (USD) and military unit doctors A.H. and S.G. to pay AMD 200,000 each as reimbursement of funeral costs and legal costs incurred by the applicant. 95.  On 4 January 2006 the applicant lodged an appeal. He argued in detail that there was sufficient evidence suggesting that his son had been harassed by a number of high-ranking officers, including V.G., D.H. and K.Z., in the period between 21 and 24 July 2002 and that the fatal injury had been inflicted by them on 24 July. The applicant referred, in particular, to a witness statement by his son’s fellow serviceman, according to which his son had woken up in the night of 24 July and complained that he was feeling ill. The same followed from the findings of the post-mortem examination, according to which the initial bruising had been inflicted 8-10 days before death. Furthermore, 24 July was the last day of the deadline fixed by the officers. The investigating authority was deliberately ignoring this evidence and had failed to clarify what had happened on that day, while the proceedings had been perfunctory and not objective and aimed to lead the case into an impasse and not to punish the murderers. The applicant further referred to the fact that serviceman G.M. had admitted that he had been ill-treated by officer K.Z. in his office. It followed from the decision of the General Prosecutor’s Office of 24 November 2004 that the same had happened to his son. The accused, officer V.G., had also admitted in court that he had been outside officer K.Z.’s office when the latter ill-treated Suren Muradyan and that he had heard him scream. Furthermore, no explanation had been given for the second bruising and abrasion on the forehead sustained by his son 1-2 days before his death. The applicant further complained that the Regional Court had failed to clarify what was meant by the “well-known beating of Suren Muradyan” referred to in the letter of the Head of the National Security Service of Nagorno Karabakh, as well as the circumstances and perpetrators of this beating. Lastly, as regards the military unit doctors, the applicant complained that the re‑qualification of the charge had been inaccurate and the sentence imposed too lenient. 96.  Appeals against the judgment of 21 December 2005 were lodged also by officer V.G. and the Prosecutor, who sought harsher penalties. 97.  On 20 March 2006 the Criminal Court of Appeal commenced the appeal proceedings. Officer V.G. admitted before the Court of Appeal that either his or Suren Muradyan’s hand had possibly touched the latter’s abdomen during the argument of 21 July 2002, but argued that Suren Muradyan’s spleen could not have ruptured as a result of that contact. 98.  In the course of the proceedings, upon the applicant’s request, two witnesses, serviceman K.B. (see paragraph 41 above) and hospital orderly H.G. (see paragraph 54 above), were summoned and examined in court. K.B. stated that Suren Muradyan had told him at the hospital that he had been called to the headquarters by officer D.H. on the day when the latter was on duty and beaten by him, officers V.G. and K.Z. and another officer, N., because of the watch. The officers had pushed him to the ground and started kicking him, while officer K.Z. hit him with a wooden pole. They had demanded that he bring the watch or its value in cash. The most active beaters were officers V.G. and K.Z. He had been beaten so badly that the headquarters couriers had had to carry him back to the barracks. On the next day he was called again by officer K.Z. He had been unable to go but K.Z. had insisted. Thereafter he had remained in the barracks for eight days. H.G. stated that upon admission to hospital Suren Muradyan was very agitated and kept uttering swear words directed at officers V.G., D.H. and K.Z. He then said that he had been beaten by officers V.G. and K.Z.
Both K.B. and H.G. stated that they had been afraid to tell the truth at their questioning during the investigation as they had been military servicemen at that time. They had been demobilised now, had nothing to be afraid of and were telling the truth. K.B. added that Suren Muradyan had asked him not to tell this to anyone in order not to get into trouble. 99.  Officer K.Z. was also summoned and examined in court. He denied having ill-treated Suren Muradyan, but admitted that he had hit serviceman G.M. for having stolen the first watch. 100.  The Court of Appeal sent an inquiry to the National Security Service of Nagorno Karabakh asking for clarification of the content of the letter of 5 November 2004. 101.  By a letter of 27 April 2006 the Head of the National Security Service of Nagorno Karabakh informed the court that the expression “well‑known beating” had been used merely as a brief description of the incident and had no other meaning. 102.  The applicant submitted once again before the Court of Appeal that his son had died as a result of ill-treatment by officers V.G., D.H. and K.Z., while the military unit doctors had failed to provide adequate medical assistance. 103.  On 20 June 2006 the Criminal Court of Appeal delivered its judgment, upholding that of the Regional Court in its part concerning the guilt of officer V.G. and military unit doctors A.H. and S.G. However, it decided to modify the penalty in respect of A.H. and S.G., imposing a suspended sentence of three and a half and three years’ imprisonment respectively, with two years’ and one and a half years’ probation period respectively. The Court of Appeal decided also to modify the judgment in its part concerning the applicant’s civil claim, by annulling the award of AMD 200,000 to be paid by both A.H. and S.G., on the ground that they had already paid those amounts to the applicant voluntarily. 104.  As regards the statements of former servicemen K.B. and H.G., as well as the applicant’s arguments, the Court of Appeal found that these were not sufficient grounds for bringing harsher charges against officer V.G. or for remitting the case for further investigation with the aim of bringing criminal proceedings against officers D.H. and K.Z. Firstly, the court was required by law to examine the case only in respect of the accused and within the scope of the charge against him. Secondly, the law prescribed only two grounds for remitting a case for further investigation, namely (1) if the investigating authority had committed a substantial violation of procedural law or (2) upon the Prosecutor’s request, if there were grounds for harsher prosecution or prosecution on a different factual basis. No such request had been filed by the Prosecutor, while the investigating authority had carried out a thorough, full and objective investigation by examining a number of hypotheses, none of which confirmed that Suren Muradyan had been ill-treated. The Court of Appeal further noted that both K.B. and H.G. had been questioned on numerous occasions during the investigation but had never made such statements in the past. Moreover, they cited as their source of information the late Suren Muradyan. The Court of Appeal lastly referred to the letter of the Head of the National Security Service of Nagorno Karabakh of 27 April 2006. 105.  On 29 June 2006 the applicant lodged an appeal on points of law, raising similar arguments. 106.  The Prosecutor also lodged an appeal on points of law, seeking that the case be remitted for fresh examination in its part concerning the military unit doctors on the ground that the sentence imposed was too lenient. 107.  On 4 August 2006 the Court of Cassation decided to dismiss the applicant’s appeal and to grant that of the Prosecutor, finding that the sentence imposed on military unit doctors A.H. and S.G. had not been proportionate to the gravity of the offence and remitting that part of the case for fresh examination. 108.  On 15 September 2006 the applicant received a copy of this decision. 109.  On 26 September 2006 the Criminal Court of Appeal examined the case anew in its part concerning military unit doctors A.H. and S.G. and decided to sentence them to four years and three and a half years’ imprisonment respectively. At the same time the Court of Appeal decided to grant amnesty and to release them from serving their sentence.


5.  The applicant organisation, SIA AKKA/LAA (SIA “Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība” –Copyright and Communication Consulting Agency ltd./Latvian Authors Association) is a non-profit organisation founded in Riga by a separate non‑profit organisation, the Latvian Authors Association, whose members are various Latvian artists. 6.  At the end of the 1990s the applicant organisation, acting as a representative of approximately 2000 domestic and two million international authors who had entrusted the applicant organisation to manage the copyright of their musical works, was concluding licence agreements with several broadcasters in Latvia. From 1998 to 1999, after the expiry of the previous licence agreements, the applicant organisation and certain broadcasting organisations in Latvia could not reach an agreement on the terms of the future licence agreements, especially with regard to the remuneration to be paid for the broadcasting of music. As a result some broadcasting organisations continued to use the protected musical works without a written agreement, either without paying any remuneration or paying the amount the broadcasting organisations unilaterally considered equitable. In 2002 the applicant organisation instituted civil proceedings against several broadcasters operating in Latvia. 7.  In July 2002 the applicant organisation lodged a claim against a private radio station, Radio SWH, and requested that the Riga Regional Court, acting as a first-instance court, recognise that by broadcasting protected musical works without a valid licence agreement between 1 January 1999 and 31 December 2001, the defendant had violated economic interests of the authors represented by the applicant organisation. The applicant organisation further asked that the court award compensation for unauthorised use of musical works. By relying on the authors’ exclusive rights to control the use of their musical works, the applicant organisation asked the court to apply an injunction precluding the defendant from using the authors’ works before a valid licence agreement between the parties had come into effect. 8.  The defendant lodged a counterclaim arguing that the applicant organisation had abused its dominant position and had fixed an unreasonably high royalty rate, which was six times the rate which had been applicable for the period from 1995 to 1998. They asked the court to order the applicant organisation to conclude a licence agreement with the defendant organisation and to lay down an equitable royalty rate. 9.  During the first-instance court’s hearing, the applicant organisation admitted that the parties had a dispute over the royalty rate in the draft licence agreement negotiated by the parties, but that the court was precluded under section 41 of the Copyright Law from setting the rate as long as there was no licence agreement concluded between the parties (see paragraph 26 below). 10.  On 16 January 2003 the first-instance court partly upheld the claim and fully upheld the counterclaim. It established that between 1 January 1999 and 31 December 2001 the defendant had infringed the authors’ rights by broadcasting the protected works without authorisation, contrary to the provisions of the Copyright Law. The first-instance court ordered the defendant to pay to the applicant organisation compensation for the above period in the amount of 78,000 Latvian lats (LVL, equivalent to 111,500 euros (EUR)), which was 1.5% of the defendant’s net turnover over this period. 11.  Furthermore, the first-instance court ordered the applicant organisation to conclude a licence agreement with the defendant for the next three-year period with a royalty rate set at 2% of the defendant’s monthly net turnover (ikmēneša neto apgrozījums). 12.  Lastly, by relying on the preamble of the WIPO Copyright Treaty and Articles 11 and 11bis of the Berne Convention (see paragraph 37 below), the first-instance court dismissed the applicant organisation’s application to have an injunction granted to prohibit the defendant from broadcasting works of the rightsholders represented by the applicant organisation. By referring to the testimonies of two authors represented by the applicant organisation, the first-instance court concluded that the authors themselves were interested in their musical works being publicly broadcasted. An interdiction on broadcasting of the musical works would infringe the authors’ exclusive rights to have their work reproduced, as well as it would negatively affect the interests of the society to listen to music. 13.  On 23 October 2003 the Civil Cases Chamber of the Supreme Court, acting as an appellate court, upheld the part of the first-instance judgment concerning the compensation for copyright infringement and the injunction. 14.  On the issue of ordering the conclusion of a licence agreement, the appellate court observed that both parties had expressed their intention to enter into a such an agreement, as attested by a draft licence agreement of 7 October 2003 in which the parties had agreed on certain terms and conditions such as the duration of the licence and the income from which royalties should be calculated. The appellate court noted that it was partly due to the applicant organisation’s inconsistent negotiating that a licence agreement could not be concluded. The appellate court accordingly recognised that the licence agreement was to be considered concluded in the wording as agreed by the parties on 7 October 2003. On the question of remuneration, the appellate court established that in the negotiation process the applicant organisation had changed the royalty rate from 6% to 4% and then to 3.5%, whereas the defendant had insisted on 1.6% of the income from which royalties should be calculated. The appellate court took note of the characteristics of the defendant’s activities and concluded that an equitable remuneration would be 2% of the income from which, as agreed by the parties, the royalties should be calculated. 15.  On 11 February 2004, following an appeal on points of law, the Senate of the Supreme Court upheld the appellate court’s findings that after the expiry of the earlier licence agreement on 31 December 1998 the de facto contractual relationship between the parties had continued mainly owing to the fact that the applicant organisation had failed to reach an agreement with the defendant on the terms of the licence agreement. The Senate of the Supreme Court further observed that the parties did not contest that the authors had a right to receive equitable remuneration, but that to that day the parties had not reached an agreement on the rate of the royalty payments. Given that there was no other authority responsible to decide on this matter, the Senate of the Supreme Court concluded that pursuant to Article 11bis of the Berne Convention and section 5 of the Civil Law, it was within the court’s competence to set the royalty rate. The Senate of the Supreme Court also dismissed the allegations that the appellate court’s judgment had infringed the intellectual property rights protected under the Constitution of the Republic of Latvia. 16.  In their claim against Latvijas Radio, a state-owned limited liability company, the applicant organisation asked the Riga Regional Court, acting as a first-instance court, to find that by broadcasting the rightsholders’ musical works without a valid licence agreement between 1 January 2000 and 31 December 2001, the defendant had violated economic interests of the authors represented by the applicant organisation. The applicant organisation further asked that the court award compensation for unauthorised use of musical works. By relying on the authors’ exclusive rights to control the use of their musical works, the applicant organisation asked the court to apply an injunction precluding the defendant from using the authors’ works before a valid licence agreement between the parties had come into effect. 17.   By lodging a counterclaim the defendant in essence asked the court to recognise that in the disputed period the parties had a de facto contractual relationship. 18.  On 2 April 2003 the Riga Regional Court dismissed the applicant organisation’s claim and upheld the counterclaim. The court established that even though the licence agreement concluded between the parties with the royalty rate set at 3.2% of the defendant’s annual income had expired in 1999, the applicant organisation had continued receiving royalty payments from the defendant, which continued to pay at a lower rate. Given that the applicant organisation had not referred to objections to the broadcasting of the musical works, the existence of a de facto contractual relationship between the parties had been proven. Relying on section 41 of the Copyright Law the court set the royalty rate from 2000 to 2001 at 1.57% of the defendant’s annual income. 19.  On 26 November 2003 the Civil Cases Chamber of the Supreme Court, acting as an appellate court, diverted from the first-instance court’s findings and recognised that the defendant had infringed copyright by broadcasting the musical works over a prolonged period of time without a valid written licence agreement. It awarded the applicant organisation compensation in the amount of LVL 100,000 (EUR 143,000), which exceeded the amount the defendant had paid under the expired licence agreement. It considered that it would be fruitless to issue an injunction prohibiting the defendant from broadcasting the works. The appellate court observed that in principle the parties had expressed their interest in concluding a licence agreement but that before and during the court proceedings the parties had not agreed on the equitable royalty rate. It also pointed to the applicant organisation’s responsibility in failing to reach an agreement in the negotiation of a new licence. As a result, over a prolonged period of time the authors’ rights had been unprotected. As the parties had not asked the court to decide on the exact terms and conditions of a licence agreement, the appellate court decided to impose on the parties a general obligation to conclude a licence agreement by 1 March 2004. Given that the parties had been unable to agree on a royalty rate, the appellate court set the rate at 3% of the defendant’s net turnover. In reaching this conclusion the appellate court took into consideration such elements as, inter alia, the royalty rate set in other court proceedings and the existing practice in certain other EU member States. 20.  The applicant organisation appealed on points of law arguing that by, inter alia, ordering the parties to conclude a licence agreement and setting its terms, the court had overstepped its powers and acted in breach of section 11bis of the Berne Convention and section 15 of the Copyright Law. 21.  On 17 March 2004 the Senate partly upheld the lower court’s judgment with similar reasoning as in the first set of proceedings.


4.  The applicant was born in 1937 and lives in Sofia. 5.  The applicant’s husband owned part of a house and a yard in Sofia. 6.  By a decision of the mayor of 15 October 1981 the property was expropriated with a view to constructing a metro station. The decision, based on section 98(1) of the Territorial and Urban Planning Act of 1973, provided that the applicant’s husband was to be compensated with a three‑room flat in a building which the municipality planned to construct. 7.  In 1989 the applicant and her husband were moved out of the expropriated property and settled in a two-room municipally-owned flat. The expropriated house was subsequently pulled down. 8.  By a supplementary decision of 1 September 1989, based on section 100 of the Territorial and Urban Planning Act, the mayor determined the exact location, size and other details in respect of the future flat offered in compensation, which was to measure 94 square metres. 9.  In 1993 the applicants’ husband passed away, after which the applicant became the owner of the future flat allocated in compensation to him. 10.  In the years that followed the applicant requested on many occasions that the authorities complete the compensation procedure and deliver the flat due to her, but to no avail. The construction of the building in which the flat was to be located did not commence. 11.  In 2001 the applicant brought a tort action, claiming wrongful failure on the part of the Sofia municipality to build and provide her with the flat due to her during the period from January 1993 to September 2001. In a final judgment of 6 March 2008 the Supreme Court of Cassation, holding that the municipality was responsible for the failure to deliver the flat within a reasonable time-limit, awarded the applicant 10,000 Bulgarian levs (BGN) in non-pecuniary damage and BGN 44,320 for loss of profit. 12.  In 2009 the applicant brought a new tort action against the Sofia municipality covering the period after October 2001. The action was dismissed in a final judgment of the Supreme Administrative Court of 22 March 2013, on the ground that the applicant had had a special remedy at her disposal, namely the possibility provided for in section 9(1) of the transitional provisions of the Territory Planning Act 2001 to claim monetary compensation for the expropriated property instead of compensation with a flat (see paragraph 16 below). 13.  In 2013 the Sofia municipality informed the applicant that the construction of the building where the flat due to her was to be located was to start in the near future. According to the latest information submitted by the parties in 2014, the municipality was looking for a company to carry out the construction works.


5.  The applicant was born in 1960 in the Georgian SSR of the USSR. He had lived in Russia since 1995. On 23 November 2007 his Georgian nationality was revoked by a decree of the President of Georgia. 6.  In 1998, 2007 and 2009 the applicant was convicted of drug-related
offences in Russia and given a custodial sentence. The most recent sentence was set to expire on 11 October 2012. 7.  On 8 October 2012 the Ministry of Justice issued a decision declaring that the applicant’s presence in Russia would be undesirable upon his release (the “exclusion order”). 8.  On 11 October 2012 the Federal Migration Service (FMS) issued a deportation order against the applicant and asked the Abakan Town Court of the Khakassiya Republic to authorise the applicant’s placement into the detention centre for aliens pending his deportation. On the same day the Town Court granted the request, holding that the applicant should remain in the centre “until his deportation”. 9.  On 1 November 2012 the Abakan Town Court, and on 16 January 2013 the Supreme Court of the Khakassiya Republic, confirmed the validity of the exclusion and deportation orders. On 8 April 2013 the applicant’s request for leave to appeal was rejected. 10.  On 7 November 2012 the Supreme Court of the Khakassiya Republic heard the applicant’s appeal against the decision on his placement in custody. The Supreme Court upheld the detention order but limited it in time until 31 December 2012. 11.  On 14 December 2012 the Abakan Town Court examined an application for an extension of the time-limit. Noting that the FMS had not yet received a response from the Georgian Interests Section as to the applicant’s nationality, it extended the time-limit until 1 July 2013. 12.  The applicant filed an appeal. He submitted that, upon serving the sentence, he should have been given an opportunity to leave Russia of his own will but that had been refused to him. 13.  On 24 January 2013 the Supreme Court of the Khakassiya Republic rejected the appeal. It further held that the Town Court had erred in fixing a specific time-limit for the applicant’s detention and that the applicant should remain in detention “until his deportation”. On 8 April 2013 the applicant’s request for leave to appeal was rejected. 14.  On 1 March, 16 October and 23 November 2012 the FMS inquired the Georgian Interests Section at the Embassy of Switzerland in Moscow whether or not the applicant was a Georgian national. On 5 February 2013 the Georgian Interests Section replied that the applicant’s Georgian nationality had been revoked by the President’s decree on 23 November 2007. 15.  On 30 January and 19 February 2013 the applicant asked the FMS to consider his deportation to Turkey where he owned real estate and where he had lived between 2001 and 2005. On 27 February 2013 the FMS applied for assistance to the Consular Department of the Ministry of Foreign Affairs (MFA). However, on 16 May 2013 the MFA explained that it was unable to issue laissez-passer documents to foreign nationals and referred the FMS to the Turkish Embassy in Moscow. 16.  In June 2013 the FMS established a working group on the applicant’s deportation. On 1 July 2013 the group sent a request to the Turkish Embassy and also asked the Georgian Interests Section whether the President’s decree revoking the applicant’s Georgian nationality could be quashed in connection with the Georgian amnesty act of 13 January 2013. 17.  The applicant complained to a court about an excessive length of his detention. He submitted that he had been spent more than eight months in custody owing to the FMS’s failure to act diligently in the deportation proceedings. On 26 July 2013 the Abakan Town Court agreed with the applicant’s claim, noting that more than six months had lapsed between a first inquiry to the Georgian Interests Section about the applicant’s nationality dated 1 March 2012 and the second inquiry dated 16 October 2012, that no information about any action by the FMS in the period between 27 February and 1 July 2013 had been submitted, and that a request to the Turkish Embassy had been sent more than forty-five days after receiving the MFA’s explanation. The Town Court pronounced unlawful the FMS’s failure to act but refused to fix a time-limit for the applicant’s detention, referring to the Supreme Court’s judgment of 24 January 2013 (see paragraph 13 above). 18.  In the meantime, Georgian counsel for the applicant’s family challenged the President’s decree revoking the applicant’s Georgian nationality in the Tbilisi City Court. Hearings were held on 26 September and 11 and 22 October 2013. On 11 November 2013 the City Court granted the claim and set aside the decree. That decision was upheld on appeal on 10 January 2014. 19.  On 24 February 2014 the applicant obtained Georgian passport. On 3 March 2014 he was deported from Russia.