The European Court of Human Rights has found a violation of the right to freedom of assembly and of the right to an effective remedy in the case of Levon Ter-Petrosyan v. Armenia.
The applicant, President of Armenia from 1991 to 1998 and opposition candidate in presidential elections during the period in question, complained, in particular, about the dispersal in February 2008 of a demonstration against electoral irregularities.
The Court found in particular that the Government, claiming non-exhaustion of domestic remedies, had failed to satisfy it that there had been an effective remedy in the domestic legal system. It further held that the dispersal of the assembly had not been justified.
Although reports had suggested Mr Ter-Petrosyan had been under “house arrest”, there was still a dispute about that incident which was primarily one of fact. The Court found that it was not in a position to conclude he had been deprived of his liberty or had had his freedom of movement restricted.