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The Government of Georgia Acknowledged Violation of Human Rights against Participants of the May 26, 2011 Protest Rally

2017-04-10 15:45
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On November 24, 2011, Georgian Young Lawyers’ Association (GYLA) filed an application with the European Court of Human Rights (ECHR) on behalf of four participants of the May 26, 2011 protest rally. The ECHR delivered its judgment in the case on March 7, 2017.

The application was filed in connection to dispersal of a peaceful rally by the law enforcement, held outside of Parliament in Tbilisi, on May 26, 2011. During the dispersal, disproportionate force was used against the rally participants. The police physically assaulted the applicants during their arrest on Rustaveli Avenue, while one of the applicants was subjected to ill treatment after being transferred to the police headquarters in Tbilisi. As a result, the applicants sustained serious health injuries.

In the application filed with the European Court, GYLA argued violation of the following Articles against the applicants: Article 3 (prohibition of torture), Article 5 (right to liberty and security), Article 6 (right to a fair trial), Article 10 (freedom of expression), Article 11 (freedom of assembly and association) and Article 13 (right to an effective remedy).

On September 3, 2015, the ECHR started handling the case in relation to Articles 3, 10 and 11 of the Convention.

On May 5, 2016, based on Article 39 of the Convention, the Government of Georgia offered a friendly settlement to the applicants. The Government of Georgia acknowledged violation of Articles 3 and 11 of the Convention as a result of ill treatment against the applicants and violation of their freedom of assembly, and proposed compensation. 

The applicants accepted the terms of the Government’s friendly settlement. Therefore, the court struck the case of Dumbadze and Others v Georgia out of its list.

As you may recall, GYLA published an extensive report about the May 26, 2011 developments, providing an in-depth analysis of human rights violation incidents during and following dispersal of the rally. GYLA also demanded timely and effective investigation of excessive use of force by the police during dispersal of the May 26, 2011 rally.

Following GYLA’s attempts, the Ministry of Internal Affairs of Georgia partially acknowledged the damage inflicted to journalists on May 26, 2011, and offered compensation.