NIKOGHOSYAN AND MELKONYAN v. ARMENIA - 11724/04 [2007] ECHR 1070 (6 December 2007)

NIKOGHOSYAN AND MELKONYAN v. ARMENIA - 11724/04 [2007] ECHR 1070 (6 December 2007)

The applicants were not duly notified of the hearing of 10 June 2003, and the Civil Court of Appeal failed to properly verify notification before proceeding in their absence. This violated the principle of equality of arms and the right to a fair hearing under Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2007] ECHR 1070
Parties
Applicant: Ms Nelsida Nikoghosyan; Applicant: Mr Gvidon Melkonyan; Respondent: Republic of Armenia
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits and Admissibility
Outcome
Violation of Article 6 § 1 found; other complaints inadmissible; no just satisfaction awarded.
Legal Topics
Right to Fair Trial, Equality of Arms, Notification of Hearings, Admissibility, Exhaustion of Remedies
Human Rights Law Civil Procedure Right to Fair Trial Equality of Arms Notification of Hearings Admissibility Exhaustion of Remedies

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Parties

Ms Nelsida Nikoghosyan

Applicant

Mr Gvidon Melkonyan

Applicant

Republic of Armenia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits and Admissibility

  1. 1 Whether the applicants were duly notified of the hearing of 10 June 2003
  2. 2 Whether the absence of the applicants from the hearing violated Article 6 § 1 of the Convention
  3. 3 Whether other alleged violations under Article 6 § 1, Article 13, and Article 1 of Protocol No. 1 were admissible

Ratio Decidendi

The applicants were not duly notified of the hearing of 10 June 2003, and the Civil Court of Appeal failed to properly verify notification before proceeding in their absence. This violated the principle of equality of arms and the right to a fair hearing under Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 found; other complaints inadmissible; no just satisfaction awarded.

Orders

  • Applications joined.
  • Complaint concerning absence from 10 June 2003 hearing declared admissible; remainder inadmissible.