GYLA Submitted Alternative Reports on Enforcement of Strasbourg Judgments to the Parliament of Georgia

On 21st May 2021, the Georgian Young Lawyers' Association submitted Alternative Reports to the Parliament of Georgia, in which GYLA assesses the individual and general measures taken by the state to enforce the Judgments and Rulings against Georgia by the European Court of Human Rights and in addition, calls on the state to take concrete steps.

Alternative Reports submitted by GYLA in 2021 concerns the following cases:

1. The cases of Tsintsabadze’s Group: Tsintsabadze Group includes 22 cases in which violations of the right to life and the prohibition of ill-treatment have been established. In particular, the cases concerned the violation of the material aspect of Articles 2 (right to life) and 3 (prohibition of torture) of the Convention in 1999-2011, and the breach of the procedural aspect of the same articles in 1999-2020. Effective investigation of crimes committed by law enforcement remains a challenge in terms of the enforcement of this group of cases, both in practical and institutional terms. This is expressed in the following:

2. Cases of Identoba Group: The cases of Identoba Group consists of 4 cases. These cases are related to the lack of proper protection of LGBT+ activists (May 2012) and Jehovah's Witnesses (1999-2001) by the state from inhuman and degrading treatment committed against them by natural persons.  In particular, during rallies or marches during these periods, natural persons carried out brutal attacks on LGBT+ individuals and Jehovah's Witnesses, in connection with which the state did not conduct effective investigations, including not disclosing the discriminatory motive of the action taken. The enforcement of this group of cases remains a challenge:

Judgments/Rulings delivered by the European Court of Human Rights will have a real, tangible effect only if the state ensures their effective enforcement at the national level. Therefore, in the Judgments enforcement process, the National Enforcement Monitoring Mechanism must work effectively, and in this process, it is important to present alternative opinions. It should be emphasized that GYLA submitted alternative reports to the Parliament of Georgia in 2019 and 2020 as well.


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