issued by the Registrar of the Court
ECHR 158 (2022)
17.05.2022
Judgments of 17 May 2022
The European Court of Human Rights has today given notification in writing of ten judgments1:
two Chamber judgments are summarised below;
a separate press release has been issued for one Committee judgment in the case of Simić v. Bosnia
and Herzegovina (application no. 39764/20);
the remaining seven Committee judgments, concerning issues which have already been examined by
The judgment in French below is indicated with an asterisk (*).
Oganezova v. Armenia (applications nos. 71367/12 and 72961/12)
The applicant, Armine Oganezova, is an Armenian national who was born in 1980 and lives in Nacka,
(Sweden).
The case concerns an aggressive homophobic campaign against the applicant, a well-known member
of the lesbian, gay, bisexual and transgender (LGBT) community in Armenia, including an arson
attack in May 2012 on the bar she co-owned and ran in Yerevan.
In the weeks following the arson attack, which was publicly condoned by leading political figures,
groups of people gathered outside the bar to intimidate and harass the applicant and vandalised
what was left inside. She was also subjected to death threats and abuse, including online hate
speech, leading her to permanently leave Armenia and request asylum in Sweden.
Two brothers, members of “Black Ravens Armenia”, which is associated with a neo-Nazi group, were
arrested shortly after the arson attack and admitted that they had set the bar on fire because it was
“a gathering place for LGBT persons who brought shame on Armenia”. They were found guilty in July
2013 of intentional damage to property and given a two-year suspended prison sentence. They were
subsequently given an amnesty.
Relying on Articles 3 (prohibition of inhuman or degrading treatment), 8 (right to respect for private
and family life and home) and 14 (prohibition of discrimination) of the European Convention on
Human Rights, Ms Oganezova complains that the authorities failed to protect her from harassment,
attacks and threats because of her sexual orientation and to effectively investigate her complaints.
She also complains, under the same provisions, of the lack of an adequate legislative framework to
combat hate crimes directed against the LGBT minority in Armenia.
She also requests, under Article 46 (binding force and implementation) of the European Convention,
that the Court order the Armenian Government to amend sentencing legislation to include
homophobia as an aggravating factor and to protect sexual orientation.
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.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
