Seriously deficient investigation into conscript’s death while on duty

In the case of Margaryan v. Armenia the Court held that there had been violations of the right to life/investigation and of the right to an effective remedy.

The case concerned the death of a conscript while on duty. He had been found in a trench near to his sentry post, with a gunshot injury to his chest.

The ECHR found that the investigation had not provided a plausible explanation for the conscript’s death. The authorities’ conclusion that he had taken his own life had mainly been based on a posthumous psychiatric report referring to witness statements about his “strange behaviour”, despite that being in contradiction with his military superiors’ assessments of him while he had been alive. The authorities had therefore closed the investigation on the basis of what could be described as hastily reached conclusions, without having seriously examined any other possible scenario.

The Court also found that the conscript’s father, the applicant in this case, had had no legal avenue in Armenia to establish State liability for the death of his son, nor claim compensation.

The Court held that Armenia was to pay the applicant 50,000 euros in respect of nonpecuniary damage.

• Press release