Resolution CM/ ResDH (2020)358

Execution of the judgments of the European Court of Human Rights

Two cases against Georgia

(Adopted by the Committee of Ministers on 3 December 2020

at the 1390 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

19634/07

DVALISHVILI

18/12/2012

18/03/2013

50375/07

VAZAGASHVILI AND SHANAVA

18/07/2019

18/10/2019

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”,

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the killing and ill-treatment imputable to State agents and ine ffective investigations into the respective allegations (substantive and procedural violations of Articles 2 and 3) ;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action plan provided by the government indicating that the domestic proceedings have led to the identification and final convictions of perpetrators and the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2020)899 , DH-DD(2019)1282 and DH-DD(2018)767 );

While regretting the shortcomings in view of the low penalties imposed by the domestic courts in these cases, noted that no further individual measure can be envisaged in the light of the res judicata force of the convictions;

Recalling that further general measures required in response to the shortcomings found by the Court in the present judgments continue to be examined within the framework of the Tsintsabadze group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.