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Last updated: July 2020

Georgia
Ratified the European Convention on Human Rights in 1999

National Judge: Lado Chanturia


Judges’ CVs are available on the ECHR Internet site
Previous Judges: Mindia Ugrekhelidze (1999-2008), Nona Tsotsoria (2008-2017)
List of judges of the Court since 1959

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.

Applications Applications pending before the


2018 2019 2020*
processed in court on 03/07/2020
Applications allocated 99 131 52 Total pending applications* 545
to a judicial formation
Communicated to the 15 17 1 Applications pending before a judicial 529
Government formation:
Applications decided: 151 1404 120 Single Judge 10
- Declared 98 1378 105 Committee (3 Judges) 409
inadmissible or struck
out (Single Judge) Chamber (7 Judges) 110
- Declared 36 11 2
inadmissible or struck Grand Chamber (17 Judges) 0
out (Committee)
- Declared 7 1 0 *including applications for which completed application
inadmissible or struck forms have not yet been received
out (Chamber)
- Decided by 10 14 13
judgment Georgia and ...
* January to July 2020
The Registry
For information about the Court’s judicial formations The task of the Registry is to provide
and procedure, see the ECHR internet site. legal and administrative support to the
Statistics on interim measures can be found here.
Court in the exercise of its judicial
functions. It is composed of lawyers,
administrative and technical staff and
translators. There are currently 626
Registry staff members.
Press country profile - Georgia

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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Press country profile - Georgia

Cases concerning inhuman or


degrading treatment
Chamber (Article 3)
Identoba and Others v. Georgia
Cases concerning the right to life 12.05.2015
(Article 2) The case concerned a peaceful
demonstration in Tbilisi in May 2012 to
Kukhalashvili and Others v. Georgia mark the International Day against
02.04.2020 Homophobia, which was violently disrupted
The case concerned the death of the by counter-demonstrators outnumbering
applicants’ relatives during a police the marchers.
operation to quell a riot in a prison where Violation of Article 3 taken in conjunction
they were being held. with Article 14 (prohibition of
Violation of Article 2 in both its procedural discrimination)
and substantive aspects Violation of Article 11 (freedom of assembly
Sarishvili-Bolkvadze v. Georgia and association) in conjunction with Article
14
19.07.2018
The case concerned the applicant’s Begheluri and Others v. Georgia
complaint about the authorities’ duty to 07.10.2014
protect her son’s life from medical The case concerned the severe harassment
negligence and the adequacy of their of a large number of Jehovah’s Witnesses in
response to his death. Georgia in the years 2000-2001.
Violation of Article 2 because of the Violation of Article 3, taken separately and
authorities’ failure to provide an effectively in conjunction with Article 14 (prohibition of
functioning regulatory framework discrimination) with regard to 32 of the
Violation of Article 2 because of applicants, on account of the inhuman and
shortcomings in the civil proceedings for degrading treatment to which they were
compensation subjected – and no violation, in that
Makharadze and Sikharoulidze v. respect, of Article 3 taken separately or in
Georgia conjunction with Article 14 with regard to
the remaining applicants
22.11.2011
Violation of Article 3, taken separately and
Georgian authorities’ inability to provide
in conjunction with Article 14 with regard to
effective treatment to a prisoner suffering
46 of the applicants on account of the
from multi-drug resistant tuberculosis.
authorities’ failure to conduct an effective
Violation of Article 2
investigation into their complaints – and no
Violation of Article 34 (individual
violation, in that respect, of Article 3 taken
applications)
separately or in conjunction with Article 14
Enukidze and Girgvliani v. Georgia with regard to the remaining applicants
26.04.2011 Violation of Article 9 (freedom of thought,
The case concerned the death of a young conscience, and religion), taken separately
man, allegedly at the hands of and in conjunction with Article 14 with
representatives of the Ministry of the regard to 88 applicants
Interior, and the complaint that no effective Ghavtadze v. Georgia
investigation was carried out into it.
03.03.2009
Violation of Article 2 (lack of effective
The case concerned the failure of the
investigation into the death of the
Georgian authorities to comply with their
applicants’ son)
obligation to protect the applicant’s health
Violation of Article 38 (obligation to co-
during his detention and to provide him
operate with the Court)
with appropriate treatment for his viral
hepatitis C and tuberculous pleurisy.
Violation of Article 3

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Press country profile - Georgia

Poghosyan v. Georgia led by Basil Mkalavishvili (known as “Father


24.02.2009 Basil”) and the lack of an appropriate
The case concerned the failure to provide response by the Georgian authorities.
the applicant, who suffered from viral Violation of Article 3
hepatitis C, with proper medical care in Violation of Article 9 (freedom of thought,
prison. conscience and religion)
Violation of Article 3 Violation of Article 14 (prohibition of
The Court, under Article 46 (binding force discrimination)
and execution of judgments), invited Shamayev and 12 Others v. Georgia
Georgia to take legislative and and Russia
administrative steps to prevent the
12.04.2005
transmission of viral hepatitis C in prisons,
The case concerned the extradition of
to introduce screening arrangements for
alleged Chechen terrorists from Georgia to
this disease and to ensure its timely and
Russia.
effective treatment.
See the Court’s findings in the press release
Ramishvili and Kokhreidze v. Georgia
27.01.2009 Cases concerning the right to liberty
The case concerned the imprisonment on and security (Article 5)
suspicion of extortion of Shalva Ramishvili
and Davit Kokhreidze, who were Tchankotadze v. Georgia
co-founders of and shareholders in a 21.06.2016
private media company which owned The case concerned the pre-trial detention
“TV 202”, a broadcasting television channel of the former the chairperson of the Civil
in Tbilisi. Aviation Agency (CAA) of Georgia and his
Violation of Article 3) on account of the criminal conviction of abuse of power.
inhuman and degrading conditions in which Violation of Article 5 § 1
the first applicant was detained in the Violation of Article 6 § 1 (right to a fair
punishment cell at Tbilisi No. 5 trial)
Violation of Article 3 on account of the
Kakabadze and Others v. Georgia
second applicant’s detention in an
overcrowded cell at Tbilisi No. 5 Prison 02.10.2012
Violation of Article 3 on account of the The case concerned the applicants’ arrest
applicants’ placement in a metal cage and punishment by detention, imposed as
during a court hearing an administrative sanction by a court on
Violation of Article 5 § 1 (c) (right to liberty the day of their arrest, for their
and security) on account of the absence of participation in a demonstration.
a valid court order authorising the Violation of Article 5 § 1
applicants’ detention between 27 November Violation of Article 6 §§ 1 and 3 (c) (right to
2005 and 13 January 2006 a fair trial)
No violation of Article 5 § 4 on account of Violation of Article 11 (freedom of assembly
the applicants’ inability to have prompt and association)
access to a video recording used as Violation of Article 2 of Protocol No. 7 (right
evidence against them of appeal in criminal matters)
Violation of Article 5 § 4 on account of the Giorgi Nikolaishvili v. Georgia
manner in which the judicial review of 2 13.01.2009
September 2005 was conducted and the The case concerned the unlawful detention
absence of a speedy reply to the applicants’ on remand of the applicant who had been
complaint of 6 December 2005 called to serve as a witness in a murder
97 Members of the Gldani case in which his brother was a suspect.
Congregation of Jehovah’s Witnesses & Violation of Article 5
4 Others v. Georgia
03.05.2007
The case concerned an October 1999 attack
on a Congregation of Jehovah’s Witnesses
by a group of extremist Orthodox believers,

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Press country profile - Georgia

Cases concerning Article 6 In the criminal proceedings against him he


unsuccessfully alleged that he had been
Right to a fair trial incited into committing the offence.
Violation of Article 6 § 1
Rustavi 2 Broadcasting Company Ltd
and Others v. Georgia Natsvlishvili and Togonidze v. Georgia
18.07.2019 29.04.2014
The case concerned an ownership row over The case essentially concerns the
a privately owned television channel, compatibility of the plea-bargain procedure,
Rustavi 2, the first applicant in the case. introduced into the Georgian judicial
The dispute led to a ruling in March 2017 system in 2004, with the right to a fair trial.
by the Supreme Court of Georgia finding No violation of Article 6 § 1
that a former owner of Rustavi 2 had been No violation of Article 2 of Protocol No. 7
coerced into giving up the television (right of appeal in criminal matters)
channel and that the current owners, the No violation of Article 6 § 2 (presumption of
second to fourth applicants in the case, innocence)
were not therefore bona fide third-party No violation of Article 1 of Protocol No. 1
acquirers. Pending those proceedings, (protection of property)
Rustavi 2’s corporate assets and all of the The Court further held that Georgia had not
owners’ shares in the company were failed to comply with its obligations under
frozen. Article 34 (right of individual petition).
In the case before the European Court of The Court also noted that in Mr
Human Rights, the current owners of Natsvlishvili’s case, the plea bargain had
Rustavi 2 alleged in particular that the been accompanied by sufficient safeguards
judges examining the ownership row had against abuse. Mr Natsvlishvili had entered
lacked independence and impartiality. into the plea bargain voluntarily, having
No violation of Article 6 § 1 as concerned understood its contents and consequences.
the judge deciding the case at first-instance
Khoniakina v. Georgia
No violation of Article 6 § 1 as concerned
the court deciding the case on appeal 19.06.2012
No violation of Article 6 § 1 as concerned The case concerned the retirement pension
the composition of the bench deciding the of a former Supreme Court judge, which
case during the cassation proceedings had been modified under a retroactive
before the Supreme Court legislative amendment.
The Court also rejected as inadmissible the No violation of Article 6 § 1
remaining complaints brought by Rustavi No violation of Article 1 of Protocol No. 1
2’s owners (the second to fourth applicants) (protection of property)
as well as all those brought by Rustavi 2 The Court found in particular that the
(the first applicant) itself, including in adjustment requirement of Ms.
particular their allegations that the Khoniakina’s initial pension entitlement had
proceedings had been a State-led campaign been preserved, as well as the idea of a
to silence the television channel. more generous welfare scheme for retired
Given those inadmissibility findings, the Supreme Court judges. The modification to
Court decided to lift the interim measure Ms. Khoniakina’s retirement pension was
under Rule 39 of its Rules of Court similarly applied to 850 persons affected by
indicating to the Georgian Government that the general reform of retired civil servants’
it should among other things suspend pensions.
enforcement of the decision of March 2017. Gogoladze v. Georgia
Tchokhonelidze v. Georgia 11.12.2007
28.06.2018
The case concerned the applicant’s
The case concerned the alleged police complaint that there had been no hearing
entrapment of a senior regional before the Supreme Court in her case.
Government official. Following an No violation of Article 6 § 1
undercover police operation, he was
convicted of requesting a bribe in exchange
for his help in obtaining a building permit.

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Press country profile - Georgia

Apostol v. Georgia No violation of Article 10


28.11.2006
The case concerned the authorities’ refusal Protection of property cases
to enforce the judgment in the applicant’s (Article 1 of Protocol No. 1)
favour.
Violation of Article 6 § 1 Khizanishvili and Kandelaki v. Georgia
17.12.2019
Right to obtain attendance and examination The case concerned the applicants’
of witnesses complaint that they had not received
sufficient compensation for the demolition
Kartvelishvili v. Georgia
of a building in central Tbilisi in which they
07.06.2018 had shares.
The case concerned a penknife found Violation of Article 1 of Protocol No. 1
during a search of Mr Kartvelishvili’s cell
while he was serving a nine-year sentence
for murder. He was convicted of infringing
prison regulations and sentenced to a Other noteworthy cases,
further three years in prison essentially on judgments delivered
the basis of statements by prison officers
who had carried out the search. The courts Gogitidze and Others v. Georgia
refused Mr Kartvelishvili’s requests to have 12.05.2015
his cellmates, who were present during the The case concerned the court-imposed
search, called as witnesses in the measure of confiscation of property
proceedings. belonging – in particular – to the former
Violation of Article 6 §§ 1 and 3 (d) Ajarian Deputy Minister of the Interior.
No violation of Article 1 (protection of
Cases dealing with private property) of Protocol No. 1
and family life (Article 8) Ashlarba v. Georgia
Jishkariani v. Georgia 15.07.2014
20.09.2018 The case concerned the precision and
The case concerned defamation foreseeability of a law which punishes
proceedings brought in 2005 by a individuals for their membership of a
psychiatrist, who is also a civil society criminal syndicate and which was
activist, against the Minister of Justice at introduced in Georgia in 2005 as part of a
the time. The Minister had accused her on legislative package aiming to fight against
live television and in a newspaper of issuing the criminal underworld.
medical reports to prisoners in exchange for No violation of Article 7 (no punishment
money. without law)
Violation of Article 8
N.Ts. v. Georgia (no. 71776/12)
Noteworthy cases, decisions
02.02.2016 delivered
The case concerned proceedings for the
return of three young boys – who had been Kudukhova and Kudukhova v. Georgia
living with their maternal family since their and Naniyeva and Bagayev v. Georgia
mother’s death – to their father. 13.12.2018
Violation of Article 8 The cases concerned complaints by the
applicants that their lives were put in
danger by the actions of Georgian forces in
Freedom of expression
South Ossetia in August 2008 and that their
(Article 10)
property had been damaged or destroyed.
Studio Monitori and Others v. Georgia Cases declared inadmissible as manifestly
30.01.2020 ill-founded.
The case concerned complaints about being
denied access to information of public
interest.

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Press country profile - Georgia

X. and Y. v. Georgia (no. 5358/14) 13 December 2011 and relinquished to the


02.10.2014 Grand Chamber on 3 April 2012. After
The case concerned the criminal several exchanges of observations between
proceedings instituted against 16 public the parties, a witness hearing was held
officials, including the head and deputy from 6 to 17 June 2016 and a hearing on
head of the Georgian prison department, the merits was held on 23 May 2018.
after video footage of ill-treatment in
prisons had been broadcasted on national Another case before the Chamber:
television. One of the videos included
scenes of X., the second applicant, being Georgia v. Russia (IV) (no. 39611/18)
verbally and physically abused by prison was lodged on 22 August 2018. It relates to
officers. the alleged deterioration of the human
Application declared inadmissible as it was rights situation along the administrative
lodged with the European Court of Human boundary lines between Georgian-controlled
rights outside the six-month time-limit. territory and Abkhazia and South Ossetia.

In addition to the inter-State cases, there


Inter-state case are almost 600 individual applications
concerning the hostilities in 2008, against
Georgia v. Russia (III) (no. 61186/09) Georgia, against Russia or against both
was lodged on 16 November 2009 in States.
connection with the detention of four
Georgian minors by the de facto authorities Noteworthy pending cases
of South Ossetia. Following a visit to South
Ossetia by the Human Rights Commissioner
of the Council of Europe, the four minors
Chamber
and a further one who had been previously
detained were released from detention. On A group of cases concerning
29 January 2010 the Georgian Government complaints related to events in the
informed the Court that they no longer Autonomous Republic of Abkhazia :
wished to maintain the case. Therefore, on
Mamassakhlissi v. Georgia and Russia
16 March 2010 a Chamber decided to strike
(no. 29999/04)
the application out of its list of cases
(Article 37 § 1 (a) of the Convention). Case communicated to the Georgian
Government in August 2006
Wounded, the applicant who was suspected
Noteworthy pending cases of terrorism was imprisoned allegedly
without medical attention. His application
concerns his conviction and the conditions
Inter-State cases in which he was detained in the Abkhazian
Autonomous Republic, Georgia.
There are two Georgia v. Russia inter-State
applications pending before the Court:

One case before the Grand Chamber:

Georgia v. Russia (II) (no. 38263/08)


was lodged on 11 August 2008. It relates to
the 2008 armed conflict between Georgia
and the Russian Federation and its
aftermath. On 12 August 2008 the Court
adopted an interim measure inviting both
Governments to respect their obligations
under the Convention. This decision is still
in force. A hearing was held on
22 September 2011. The application was
declared admissible by a Chamber on

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Press country profile - Georgia

Article 14 (prevention of discrimination) of


the Convention.
Cases concerning the armed conflict in
the Abkhazian Autonomous Republic Edzgveradze v. Georgia
between 1992 and 1993: (no. 59333/16)
Mekhuzla v. Georgia (no. 5148/05) Case communicated to the Georgian
Government in November 2016
Case communicated to the Georgian
The case concerns the suicide of a Georgian
Government in February 2007
man on 6 July 2013 after having been
Sanaia v. Georgia (no. 26166/05) interrogated by the police the previous day.
Case communicated to the Georgian Relying on Article 2 (right to life) of the
Government in February 2007 Convention, the applicant’s wife,
Ms Edzgveradze, contends that the relevant
Dvalia and Goguia v. Georgia
Georgian authorities failed to conduct an
(no. 42765/05)
effective investigation into the
Case communicated to the Georgian circumstances surrounding her husband’s
Government in February 2007
death.
The applicants in these cases complain that
they had been deprived of their houses and Aghdgomelashvili and Japaridze v.
that their private and family life had been Georgia (no. 7224/11)
negatively affected as a result of the armed Case communicated to the Georgian
conflict which took place in the Abkhazian Government in December 2013
Autonomous Republic between 1992 and The case concerns the alleged ill-treatment
1993. and unlawful search of two staff members
of a NGO promoting LGBT rights during a
police raid of the NGO’s office.
Dzhioyeva v. Georgia (no. 24964/09)
The applicants rely on Articles 3
Case communicated to the Georgian (prohibition of inhuman or degrading
Government in November 2018
treatment), 8 (right to respect for private
The case concerns the applicant’s
life) and 14 (prohibition of discrimination)
complaints that her life was put in danger
read in conjunction with Articles 3 and 8 of
by the actions of Georgian forces in South
the Convention, and Article 1 of Protocol
Ossetia in August 2008 and that her
No. 12 (general prohibition of
property has been damaged or destroyed.
discrimination) to the Convention.
The applicant relies on Article 2 (right to
life), Article 3 (prohibition of torture and
inhuman or degrading treatment), Article
13 (right to an effective remedy) and

ECHR Press Unit Contact:


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