Resolution CM/ ResDH (2019)362 Execution of the decision of the European Court of Human Rights Gegenava and Others against Georgia

(Adopted by the Committee of Ministers on 5 December 2019 at the 1362 nd meeting of the Ministers ’ Deputies)

Application No.

Case

Date of the decision

65128/10

Vazha GEGENAVA AND OTHERS

20/10/2015

The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of friendly settlements as they appear in the decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Considering that in this case concerning a violation of Article 3 under its procedural limb on account of the shortcomings identified in the course of the investigation of criminal cases concerning the applicants ’ allegations of ill-treatment , the Court, having taken formal note of the friendly settlement reached by the government of the respondent state and the applicants, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike this case from its list;

Having satisfied itself that the terms of the friendly settlement were executed by the government of the respondent State, given that the investigation into the incident was reopened and that the ensuing criminal trials have been completed, resulting in the conviction of several former high-level officials (see documents DH-DD(2019)1282 , DH-DD(2018)767 , DH-DD(2017)879 );

Recalling that the question of general measures required in response to procedural violations of Articles 2 and 3 found by the Court in similar cases continues to be examined within the framework of the Tsintsabadze group and that the closure of this case therefore in no way prejudges the Committee ’ s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention and

DECIDES to close its examination.