Resolution CM/ResDH(2021)309

Execution of the judgment of the European Court of Human Rights

Bregvadze against Georgia

(Adopted by the Committee of Ministers on 10 November 2021 at the 1417 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

49284/09

BREGVADZE

17/01/2019

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 judgment transmitted by the Court to the Committee in this case and to the violation established on account of unfair criminal proceedings against the applicant;

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 and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2021)35 );

Considering that the question of individual measures was resolved given that the applicant has not requested reopening of the criminal proceedings within the deadline set by the domestic legislation;

Recalling that the question of the general measures required in response to the shortcomings found by the Court in this case continues to be examined within the framework of the Kartvelishvili 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 as regards the individual measures and

DECIDES to close the examination of this case.