Resolution CM/ Res DH ( 2020 ) 200

Execution of the judgments of the European Court of Human Rights

Two cases against Georgia

(Adopted by the Committee of Ministers on 1 October 2020

at the 1383 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

28490/02

BEGHELURI AND OTHERS

07/10/2014

07/01/2015

18766/04

TSARTSIDZE AND OTHERS

17/01/2017

17/04/2017

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 substantial and procedural violations of Articles 3, 9 and 11 of the Convention taken separately and in conjunction with Article 14 established on account of the lack of protection by state authorities from homophobic or religiously motivated attacks by private individuals during marches or meetings, as well as the absence of effective investigations into these incidents, including with regard to their discriminatory motives ;

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 information provided by the government and noting with regret that, due to prescription, the offences in these cases may not be subject to further prosecution , noting as well the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2018)425 and DH-DD(2020)572 );

Considering that no other individual measures are realistically possible;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the cases Identoba and Others and 97 members of the Gldani Congregation of Jehovah’s Witnesses and 4 Others and that the closure of these cases does not prejudge the assessment of the general measures required in these cases,

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.