Armenia loses ECHR case over cassation appeal restrictions

PanARMENIAN.Net - The European Court of Human Rights (ECHR) ruled on March 6, 2025, that Armenia violated the right to a fair trial by restricting access to the Court of Cassation. Although the applicant, Nelly Fljyan, has passed away, her heirs have the right to request the reopening of the case in Armenia, according to Hetq.

Nelly Fljyan filed a lawsuit on August 5, 2013, with the Kentron and Nork-Marash District Court of Yerevan, seeking to annul a transaction she claimed was made under misrepresentation. Her claim was rejected by both the first-instance and appellate courts, and the Court of Cassation refused to hear her appeal due to a missed deadline. However, the ECHR ruled that the delay resulted from the actions of state authorities, and under such circumstances, the Court of Cassation should not have restricted Fljyan's right to appeal.

The case concerned ownership rights to a residential property and garage on Pushkin Street in Yerevan. Fljyan believed that a 2001 real estate division agreement unfairly allocated her a smaller portion than she was entitled to. Due to incorrect property registration, her lawsuit was rejected by the appellate court.

Fljyan passed away on January 9, 2023, but her son, Aghasi Mirzoyan, expressed his intent to continue the case. The Armenian government did not object.

In its ruling, the ECHR highlighted ambiguities in Armenia’s procedural laws regarding whether court decisions should be sent to the concerned party, their lawyer, or both. The court found the domestic judiciary’s handling of this matter inconsistent.

“In such a situation, the applicant had reasonable grounds to expect that her lawyer would also receive a copy of the appellate court’s decision,” the ruling stated.

The Armenian government argued that the lawyer could have accessed the ruling through the Datalex information system or by attending the public announcement. However, the ECHR noted that the government failed to provide any proof of the publication date in Datalex.

The court concluded that the Armenian judicial system’s handling of the case created uncertainty for the applicant and her lawyer, and that the Court of Cassation did not properly examine the appeal, thus violating the right to a fair trial.

Nelly Fljyan did not request monetary compensation, so no damages were awarded.

The Court of Cassation’s decision was made by judges Yervand Khundkaryan (now a Constitutional Court judge), Gor Hakobyan (currently a Court of Cassation judge), Suren Antonyan (dismissed), Vardan Avanesyan (retired), Artak Barseghyan (dismissed), Mamikon Drmeyan (retired), Erna Hayriyan (currently a judge at the EAEU Court), and Elena Soghomonyan (retired).