35710/22;8336/23;38190/23

FIFTH SECTION CASE OF VANESYAN AND OTHERS v. ARMENIA (Applications nos. 35710/22 and 2 others – see appended list)             JUDGMENT   STRASBOURG 26 February 2026     This judgment is final but it may be subject to editorial revision. In the case of Vanesyan and Others v. Armenia, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:  Andreas Zünd, President,  Diana Sârcu,  Mykola Gnatovskyy, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 5 February 2026, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Armenia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The Armenian Government (“the Government”) were given notice of the applications. THE FACTS 3.  The list of applicants and the relevant details of the applications are set out in the appended table. 4.  The applicants complained of the excessive length of their pre‑trial detention. In application no. 38190/23, the applicant also raised a complaint under Article 5 § 1 (c) of the Convention. THE LAW        JOINDER OF THE APPLICATIONS 5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.       ALLEGED VIOLATION OF ARTICLE 5 § 3 OF THE CONVENTION 6.  The applicants complained that their pre-trial detention had been unreasonably long. They relied on Article 5 § 3 of the Convention. 7.  The Government argued that the applications were inadmissible for failure to exhaust the domestic remedies. Having examined the Government’s arguments and supporting evidence, the Court does not discern sufficient grounds to accept their objections, which must therefore be rejected (compare Arzumanyan v. Armenia, no. 25935/08, §§ 30-32, 11 January 2018; Vardan Martirosyan v. Armenia, no. 13610/12, § 72, 15 June 2021; and Avushyan v. Armenia [Committee], no. 34684/13, § 18, 31 January 2023). 8.  The Court observes that the general principles regarding the right to trial within a reasonable time or to release pending trial, as guaranteed by Article 5 § 3 of the Convention, have been stated in a number of its previous judgments (see, among many other authorities, Kudła v. Poland [GC], no. 30210/96, § 110, ECHR 2000‑XI, and McKay v. the United Kingdom [GC], no. 543/03, §§ 41-44, ECHR 2006‑X, with further references). 9.  In the leading case of Muradkhanyan v. Armenia (no. 12895/06, 5 June 2012), the Court already found a violation in respect of issues similar to those in the present case. 10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the applicants’ pre-trial detention was excessive. 11.  These complaints are therefore admissible and disclose a breach of Article 5 § 3 of the Convention.     REMAINING COMPLAINTS 12.  In application no. 38190/23, the applicant also raised a complaint under Article 5 § 1 (c) of the Convention. 13.  The Court has examined this complaint and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, this complaint either does not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.    APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Muradkhanyan, cited above), the Court considers it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY,      Decides to join the applications;      Declares the complaints concerning the excessive length of pre-trial detention admissible and the remainder of application no. 38190/23 inadmissible;      Holds that these complaints disclose a breach of Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention;      Holds  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;   that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 26 February 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Andreas Zünd  Acting Deputy Registrar President     APPENDIX List of applications raising complaints under Article 5 § 3 of the Convention (lack of relevant and sufficient reasons for detention and excessive length of pre-trial detention) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Period of detention Court which issued detention order / examined appeal Length of detention Specific defects Amount awarded for non-pecuniary damage per applicant (in euros)[1] Amount awarded for costs and expenses per application (in euros)[2]     35710/22 12/07/2022 Samvel VANESYAN   Alumyan Hayk Yerevan 03/06/2020 to 23/01/2023 First Instance Court of General Jurisdiction of Yerevan    Lori Regional Court    Criminal Court of Appeal 2 year(s) and 7 month(s) and 21 day(s)   failure to conduct the proceedings diligently leading to excessive length of detention on remand;   fragility and repetitiveness of the reasoning employed by the courts as the case progressed 1,700     8336/23 04/02/2023 Hovsep ASHKARIAN   Simonyan Liparit Yerevan 07/10/2020 to 13/10/2023 First Instance Court of General Jurisdiction of Yerevan    Criminal Court of Appeal 3 year(s) and 7 day(s)   fragility of the reasons employed by the courts; failure to conduct the proceedings diligently leading to excessive length of detention on remand 1,900     38190/23 07/10/2023 Samvel GRIGORYAN   Simonyan Liparit Yerevan 21/08/2021 to 21/08/2025 Syunik Regional Court   First Instance Criminal Court of General Jurisdiction of Yerevan    Criminal Court of Appeal 4 year(s) and 1 day(s)   fragility and repetitiveness of the reasoning employed by the courts as the case progressed;   failure to conduct the proceedings diligently leading to excessive length of detention on remand 2,500   [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.