Resolution CM/ResDH(2022)56

Execution of the judgment of the European Court of Human Rights

Sakvarelidze against Georgia

(Adopted by the Committee of Ministers on 9 March 2022

at the 1428 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

40394/10

SAKVARELIDZE

06/02/2020

06/06/2020

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 judgment transmitted by the Court to the Committee in this case and to the violation established on account of ineffective investigation into fatal road traffic accident resulting in discontinuation of criminal proceedings against the driver as time-barred (procedural violation of Article 2) ;

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 report provided by the government, indicating that no further individual measure can be envisaged following the expiry of the statute of limitation and the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)16 );

Regretting that, due to expiry of the statute of limitation, the offence in this case may not be subject to prosecution and noting that no further individual measures are realistically possible;

Recalling that further general measures required in response to the shortcomings found by the Court in the present judgment continue to be examined within the framework of the Tsintsabadze group of cases 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 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.