CEDH · CASELAW;COMMUNICATEDCASES;ENG — 25 juin 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s434D37A9 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } Published on 15 July 2024   FOURTH SECTION Application no. 13534/19 Manvel GRIGORYAN against Armenia lodged on 12 March 2019 communicated on 25 June 2024 SUBJECT MATTER OF THE CASE The applicant [1] was a well-known military commander and a political figure in Armenia. On 16 June 2018 he was arrested on charges of aggravated embezzlement and possession of illegal weapons. The applicant suffered from a number of serious illnesses, including second type diabetes, right lung cancer in remission, right side hydrothorax (accumulation of fluid in the pleural cavity), chronic brain ischemic disease and other illnesses. On 13 July 2018, while the applicant was still in pre-trial detention, the applicant’s private doctors in Armenia and France (he had been operated for cancer in Paris back in 2013 and had been under medical supervision of his doctors in France thereafter) recommended that he underwent certain advanced medical examinations that were allegedly not available in Armenia. Subsequently the same doctors, supported by the applicant’s other private doctors in Armenia and France, reiterated that his adequate medical treatment was impossible without the said examinations and that his condition could have fatal consequences, if not treated properly which was not being done in Armenia due to the lack of new technologies and medication. The doctors also stated that the applicant’s stay at the detention facility was incompatible with his state of health and called for his urgent hospitalisation in France. Between July 2018 and January 2019 five medical panels were convened to determine the state of the applicant’s health. Their conclusion was that the applicant’s treatment could be organised by means of outpatient medical care and that there was no need for the examinations recommended by the applicant’s doctors. Subsequent medical panels convened after January 2019 noted a deterioration of the applicant’s health and recommended inpatient treatment. A number of times throughout his detention the applicant was transferred to civilian hospitals for medical examinations and inpatient treatment, including to receive emergency care. According to the conclusion of an inter-agency medical commission of 18   October 2019, although there was potential risk to the applicant’s life due to diabetes in decompensation stage, his state of health was still compatible with detention. On 15 January 2020  following sharp deterioration of his health  the applicant was released from detention under a written undertaking not to leave his place of residence. The applicant’s repeated requests seeking authorisation to receive medical treatment in France were rejected by the authorities. On 14 November 2020  following a further sharp deterioration of the applicant’s health and his placement in emergency care  his lawyer requested the trial court to allow his urgent hospitalisation in France. On 19   November 2020, while that request was pending, the applicant passed away in the hospital. After the applicant’s death, his daughter, Ms Arpenik Grigoryan, requested to pursue the application. The applicant complained about the authorities’ refusal to allow his hospitalisation in France at his family’s expense despite his life-threatening medical condition and the unavailability of the necessary medical treatment in Armenia. He also complained that his medical condition had been incompatible with detention and that the lack of adequate medical assistance in detention had resulted in dangerous progression of his illnesses. QUESTIONS TO THE PARTIES Were the applicant’s rights guaranteed under Articles 2 and 3 of the Convention violated in the present case? In particular:   a) Considering the authorities’ refusal to allow the applicant to travel to France for potentially life-saving medical examinations and treatment, was the deterioration of his state of health during and after his detention in breach of those provisions?   b) During the entire duration of his detention, was the applicant provided with requisite medical assistance, in accordance with his state of health (see Blokhin v. Russia [GC], no. 47152/06, §§ 135-38, 23 March 2016; Ashot Harutyunyan v. Armenia , no. 34334/04, §§ 101-16, 15 June 2010; and Davtyan v. Armenia , no. 29736/06, §§ 78-90, 31 March 2015)?   c) Was the applicant’s state of health compatible with his detention ( see Mouisel v. France , no. 67263/01, §§ 38-42, ECHR 2002-IX; Aleksanyan v.   Russia , no. 46468/06, §§ 133-58, 22 December 2008; and Contrada v. Italy (no. 2) , no. 7509/08, §§ 75-85, 11 February 2014)?   The Government are requested to clarify whether an autopsy was ordered to determine the cause of the applicant’s death and, if so, submit a copy of the ensuing autopsy report. [1] Mr Grigoryan died after the introduction of the application before the Court. After his death, his daughter requested to pursue the application in his stead. However, for ease of reference, Mr. Grigoryan will be referred to as “the applicant” throughout this text.