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The Ministry of Internal Affairs of Georgia has been ordered to compensate the material and moral damage in favor of the person affected by the mine explosion

2021-08-26 02:42
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On August 21, 2004, the victim was on vacation in Adjara. After the "Rose Revolution", in 2004, by the order of the then head of the Autonomous Republic of Adjara, Aslan Abashidze, the Choloki bridge near the entrance of Adjara was mined, and mines were placed all over Adjara. While passing by the seaside in a car, he exploded on an anti-tank mine, resulting in the amputation of both legs. In 2005, he filed a lawsuit against the Ministry of Internal Affairs in the Tbilisi City Court requesting compensation for damages. The dispute was still going on in court and based on the judgment that entered into force, the Ministry of Internal Affairs of Georgia was ordered to pay material and moral damages in favor of the citizen.

Compensation for the damage to the Ministry was based on the fact that the state had information about the mining of the area around Chakvi, however, no preventive measures were taken for the timely and complete demining of the area, which put the victim in a life-threatening situation.

The case was also referred to the European Court for violation of Article 2 (right to life) of the European Convention on the Rights of the applicant. On July 21, 2014, the Government of Georgia submitted a unilateral declaration acknowledging a violation of Article 2 of the Convention for non-compliance with the positive obligation relating to the demining of the territory.

GYLA represented and defended the interests of this person both nationally and internationally.