Today, the decision of the Committee of Ministers of the Council of Europe on the execution by Armenia of the European Court’s judgment on the case “Ashot Haturyunyan v. Armenia” was published.
Please, see the decision here and below, and detailed information about the execution of the judgment, including submissions from the parties, here.
H46-1 Ashot Harutyunyan v. Armenia (Application No. 34334/04)
Supervision of the execution of the European Court’s judgments
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Decisions
The Deputies
1. recalled that this case concerns mainly the lack of access to adequate medical care for persons held in detention and suffering from serious illnesses;
2. noted with interest the updates on the continuation of reforms of the prison healthcare system, in particular on the start of the operation of the Centre for Penitentiary Medicine in 2019 and the measures taken for meeting its staffing and operational needs; strongly encouraged the authorities to continue their efforts to ensure the Centre’s effective functioning, including by fully ensuring appropriate working conditions, provision of equipment, as well as the implementation of proper human resources and professional development policies and invited them to keep the Committee informed accordingly;
3. underlining that access to appropriate medication remains among persistent challenges for the prison healthcare system and noting the information about the planned measures in this context, invited the authorities to inform the Committee on the progress in introduction of the new mechanism for improving medication supply and the practical effects of its operation;
4. welcomed further amendments to the sub-legislation, aimed notably at the approximation of the penitentiary medical care to the civilian one, as well as improvement of the policies and procedures for referral of detainees to civilian medical institutions; requested the authorities to provide specific information on the actual impact of these measures on reducing delays in transfers to specialised medical institutions or access to specialised medical care, as well as the information on the current practices of initial medical screening, regular and comprehensive medical check-ups of those detained;
5. underlining the importance of affording the detainees real and effective redress in respect of complaints concerning access to appropriate health care, called upon the authorities to provide detailed information on the contents of the draft amendments foreseeing the revision of the remedies currently in force as well as to inform the Committee of the calendar for their adoption; explanations should be provided on how the preventive remedy is envisaged to function, including what direct redress measures can be ordered in such cases and by whom; the authorities are also expected to provide additional information on the Convention-compliant application of the compensatory remedy;
6. invited the authorities to provide updated information on all outstanding issues by 31 March 2022.
The Council of Europe
