Today, on November 30, 2021, the ECHR published the case of Derenik Mkrtchyan and Gayane Mkrtchyan vs Armenia.
Derenik G., aged 10, was a fourth-grade pupil at School No. 5 in Charentsavan. On 5 June 2010 he had a mathematics examination. While the teacher was away, the pupils had a fight, as a result of which Derenik G. was beaten up by two of his classmates, I.H. and V.H., who were brothers. During the fighting, Derenik G. and other pupils screamed loudly. Having heard the noise, the janitor entered the classroom. Thereafter, the form teacher and other teachers came in. They found Derenik G. lying unconscious on the floor. Derenik G. was already dead when he was admitted to hospital.
the Court considers that there are insufficient elements in the evidence before it to conclude that the school’s authorities failed to comply with their obligation under Article 2 of the Convention to provide the requisite standard of protection for Derenik G.’s life. Consequently, there has been no violation of Article 2 of the Convention in its substantive limb.
the Court is of the view that the investigation into the circumstances of the school incident which resulted in the death of Derenik G. fell short of the requirements of Article 2 of the Convention. In view of that conclusion, the Court considers it unnecessary to examine whether the other aspects of the investigation met the requirements of the Convention. There has accordingly also been a violation of Article 2 of the Convention under its procedural limb.
Those the Court,
- Holds, by five votes to two, that there has been no violation of Article 2 of the Convention in its substantive limb;
- Holds, unanimously, that there has been a violation of Article 2 of the Convention in its procedural limb;
- Holds, unanimously, that the respondent State is to pay the applicants jointly, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 24,000 (twenty-four thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.