Professional Documents
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სტრასბურგის გადაწყვეტილებები საქართველოსთან დაკავშირებით
სტრასბურგის გადაწყვეტილებები საქართველოსთან დაკავშირებით
სტრასბურგის გადაწყვეტილებები საქართველოსთან დაკავშირებით
Georgia
Ratified the European Convention on Human Rights in 1999
The Court dealt with 1404 applications concerning Georgia in 2019, of which 1390 were
declared inadmissible or struck out. It delivered 14 judgments (concerning 14 applications), 13
of which found at least one violation of the European Convention on Human Rights.
Interstate case
Noteworthy cases, judgments
Georgia v. Russia (I)
delivered 03.07.2014
The case concerned the alleged existence of
Grand Chamber an administrative practice involving the
arrest, detention and collective expulsion of
Merabishvili v. Georgia
Georgian nationals from the Russian
28.11.2017 Federation in the autumn of 2006.
The case concerned the arrest and pre-trial Violation of Article 4 of Protocol No. 4
detention of a former Prime Minister of (prohibition of collective expulsion of aliens)
Georgia, Ivane Merabishvili, and his Violation of Article 5 § 1 (right to liberty
complaint that there had been and security)
ulterior purposes behind these measures. Violation of Article 5 § 4 (right to judicial
Mr Merabishvili namely alleged that the review of detention)
arrest and the pre-trial detention had Violation of Article 3 (prohibition of
aimed to remove him from the political inhuman or degrading treatment)
scene, and that the Chief Public Prosecutor Violations of Article 13 (right to an effective
– by having him covertly removed from his remedy) in conjunction with Article 5 § 1
cell late at night several months after his and with Article 3
arrest to question him – had attempted to Violation of Article 38 (obligation to furnish
use his detention as leverage to pressure all necessary facilities for the effective
him to provide information about the conduct of an investigation)
foreign bank accounts of the former The Court also found no violation of Article
President of Georgia Mikheil Saakashvili and 8 (right to respect for private and family
about the death in 2005 of the former life), no violation of Article 1 of Protocol No.
Prime Minister of Georgia Zurab Zhvania. 7 (procedural safeguards relating to
No violation of Article 5 § 1 (right to liberty expulsion of aliens) and no violation of
and security) with regard to Mr Articles 1 and 2 of Protocol No. 1
Merabishvili’s arrest or his pre-trial (protection of property and right to
detention education).
No violation of Article 5 § 3 (entitlement of On 31 January 2019, the Court decided on
a detainee to trial within a reasonable time the question of just satisfaction.
or to release pending trial) with regard to It held that Russia had to pay Georgia
his initial placement in pre-trial detention 10,000,000 euros (EUR) in respect of
Violation of Article 5 § 3 in that, at least non-pecuniary damage suffered by a group
from 25 September 2013 onwards, his pre- of at least 1,500 Georgian nationals; that
trial detention had ceased to be based on that amount was to be distributed to the
sufficient grounds; and individual victims by paying EUR 2,000 to
Violation of Article 18 (limitation on use of the Georgian nationals who had been
restrictions on rights) taken in conjunction victims only of a violation of Article 4 of
with Article 5 § 1 Protocol No. 4 (collective expulsion), and
Assanidze v. Georgia EUR 10,000 to EUR 15,000 to those among
08.04.2004 them who had also been victims of a
The case concerned the continued detention violation of Article 5 § 1 (unlawful
of Tengiz Assanidze, former mayor of deprivation of liberty) and Article 3
Batumi, in a short-term remand prison in (inhuman and degrading conditions of
the Adjarian Autonomous Republic, despite detention), taking into account the length
his acquittal by the Supreme Court of of their respective periods of detention.
Georgia.
Violation of Article 5 § 1 (right to liberty
and security)
Violation of Article 6 § 1 (right to a fair
hearing)
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