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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-15 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-15 Tkhelidze group v. Georgia (Application No. 33056/17) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that this group of cases concerns the authorities’ failure to protect women from domestic violence culminating with their death, and the failure to investigate the law-enforcement authorities’ inaction, against a backdrop of systemic failures and gender-based discrimination; recalled also the Court’s finding that there existed an adequate legislative and administrative framework designed to combat domestic violence against women in Georgia in general;
As regards individual measures
2. recalling their previous decisions on the need for prompt and thorough action in this respect, expressed concern over the unexplained lengthy inactivity in the new investigations in the cases of Tkhelidze and A and B, as well as over the delay in taking actions in relation to the Gaidukevich case; urged the authorities to promptly take all outstanding measures, including proper examination of a bias motive, with the necessary diligence and appropriate involvement of the victims’ next of kin, and to rapidly complete pending investigations; invited the authorities to provide information on any measures in respect of the Court’s findings as to the deficient implementation of the criminal-law mechanisms in relation to the perpetrator in the Gaidukevich case;
As regards general measures
3. noted with interest the increased use of the electronic surveillance system and encouraged the authorities to continue strengthening its effectiveness; called upon the authorities to inform the Committee on the application of the risk assessment tool, including measures taken to ensure its systematic use and proper evaluation of history of violence; further called upon the authorities to submit comprehensive information on the application of restraining and protection orders, including on the compliance with these orders;
4. invited the authorities to provide statistical data on the reported allegations of violence against women/domestic violence, the average length of the relevant judicial proceedings, along with the analysis explaining the low rates of granting applications for detention, as well as variations between the number of prosecutions and convictions; urged them to redouble their efforts aimed at ensuring effective examination of a bias motive at all stages of criminal proceedings and development of a solid and consistent judicial practice of dissuasive sentencing;
5. reiterated their call upon the authorities to provide specific information about the practice on the application of disciplinary and criminal mechanisms for ensuring accountability of law-enforcement officials in cases of deficient response to the victim’s allegations of gender-based violence;
6. invited the authorities to inform the Committee about progress in the implementation of the National Referral Procedures and the National Human Rights Action Plan for 2024-2026, notably on the actions taken for strengthening criminal justice response to violence against women/domestic violence; further encouraged them to continue reinforcement of the victim coordination services and dissemination of information about available protection and support mechanisms;
7. welcomed the capacity building measures for criminal justice stakeholders and encouraged the authorities to pursue training activities for law-enforcement, prosecutorial officials and judges with a specific focus on effective identification of a gender-based motive and combating discriminatory attitudes;
8. underlining the important role played by the civil society in the prevention of domestic violence and violence against women, called upon the authorities to ensure fully enabling environment for their effective operation, including in the framework of the execution of these judgments;
9. invited the authorities to submit information in respect of the individual measures by the end of
May 2025, and decided to resume consideration of this group at one of their DH meetings in 2026, at the latest.