CASE OF HASMIK KHACHATRYAN v. ARMENIA

This is a significant ECHR decision concerning domestic violence in Armenia. The key aspects are: Essence of the decision:
The Court found Armenia violated Article 3 of the Convention (prohibition of torture and inhuman treatment) due to its failure to protect a domestic violence victim and provide adequate legal remedies. The case involved a woman who suffered severe physical abuse from her common-law spouse, with authorities failing to protect her from further violence during criminal proceedings and the perpetrator ultimately avoiding punishment through amnesty. Main provisions:
1. The Court established that Article 3 imposes a positive obligation on states to enable victims of domestic violence to claim compensation for non-pecuniary damage from perpetrators.
2. The Court found Armenia’s legal framework at the time inadequate for protecting domestic violence victims, as it lacked specific domestic violence provisions and protective measures.
3. The Court criticized the domestic courts’ formalistic approach in reclassifying the crime to a lesser offense and applying amnesty, effectively removing any deterrent effect. Key implications:
1. States must provide comprehensive legal protection for domestic violence victims, including specific criminal provisions and protective measures.
2. Victims must have access to compensation for non-pecuniary damage from perpetrators.
3. Amnesty should not be applied in cases of serious domestic violence.
4. Courts must consider the full context of domestic violence when handling such cases.

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