European Court delivers judgment in Fidanyan v. Armenia case11.01.2018
On 11 January 2018 The European Court of Human Rights, sitting as a Chamber delivered its judgment regarding the case of "Fidanyan v. Armenia” (application no. 62904/12), finding violation of Article 6 § 1 of the Convention (Access to court) and Article 1 of Protocol No. 1 (Peaceful enjoyment of possessions) to the European Convention on Human Rights.
The case concerns non-enforcement of the judgment of the Administrative Court delivered in favour of the applicant. The applicant complained that the authorities had failed to take the necessary measures to comply with the final judgment for several years as she has not, to date, been reinstated in her previous job or any position similar to her previous one and the compensation for her forced absence still remained unpaid.
As a result of the examination of the case, the Court found that the judgment has remained partially unenforced from November 2009 until to date, that is for more than seven years and eight months. The Government have failed to advance any argument to justify that delay.
The European Court obliged the Republic of Armenia to pay the applicant overall EUR 19,065, from which EUR 14,165 in respect of pecuniary damage, EUR 3,600 in respect of non-pecuniary damage, EUR 1300 in respect of costs and expenses.