issued by the Registrar of the Court
ECHR 229 (2021)
22.07.2021
Judgments of 20 July 2021
The European Court of Human Rights has today notified in writing ten judgments1:
five Chamber judgments are summarised below;
separate press releases have been issued for five Chamber judgments in the cases of: Polat v. Austria
(no. 12886/16), Loquifer v. Belgium (nos. 79089/13, 13805/14, and 54534/14), D v. Bulgaria
(no. 29447/17), Polgar v. Romania (no. 39412/19), and Akgun v. Turkey (no. 19699/18);
The judgment in French below is indicated with an asterisk (*).
Avanesyan v. Armenia (application no. 12999/15)
The applicant, Artur Avanesyan, is an Armenian national who was born in 1995 and lives in Masis
(Armenia).
The case concerns the applicant’s refusal to perform military service because, as a Jehovah’s
Witness, his conscience did not allow him to serve in the army. He was convicted of draft evasion
and sentenced to two years and six months’ imprisonment.
Relying on Article 9 (freedom of thought, conscience and religion) of the European Convention on
Human Rights, he complains about his arrest and subsequent detention, prosecution and conviction
for conscientious objection, despite having requested to do alternative civilian service.
Violation of Article 9
Just satisfaction:
non-pecuniary damage: 9,000 euros (EUR)
costs and expenses: EUR 1,500
Stoyan Nikolov v. Bulgaria (no. 68504/11)*
The applicant, Stoyan Nikolov, is a Bulgarian national who was born in 1960. He died in April 2015.
His widow and children expressed the wish to continue the proceedings before the Court.
In this case the applicant complained about administrative proceedings resulting in an order for him
to pay an administrative fine and in the confiscation in full of a sum of money (34,300 euros) which
he had not declared to the Bulgarian customs authorities. The events took place in February 2009
and the administrative proceedings ended in April 2011 with a final judgment of the Sofia
Administrative Court.
Relying on Articles 6 § 1 (right to a fair trial) and 13 (right to an effective remedy) of the European
Convention, and on Article 1 of Protocol No. 1 (protection of property) to the Convention, the
applicant complained of the penalties imposed on him in the administrative proceedings. He alleged
that the Sofia Administrative Court had not addressed an important argument which he had raised
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.