Published on 5 January 2026
FOURTH SECTION
Application no. 36971/24
Khatuna AVDOYAN and David BAKOEV
against Georgia
lodged on 13 December 2024
communicated on 17 December 2025
STATEMENT OF FACTS
The application concerns the freezing of all assets belonging to the applicants (a mother and her son), namely their bank accounts, vehicles and immovable property in relation to a criminal investigation into alleged fraud.
The freezing orders were first issued for a period of twelve months on 23 September, 1 October and 4 October 2024, respectively. On 19 September 2025 the Tbilisi City Court extended the freezing orders for another twelve months. The applicants appealed, arguing that the freezing of their assets had been unsubstantiated and disproportionate. The Tbilisi Court of Appeal rejected their appeal on 10 October, 25 November and 26 November 2024, and 21 October 2025, respectively. According to the case file, none of the applicants has been charged to date in connection with the ongoing criminal investigation.
The applicants complain under Article 1 of Protocol No. 1 to the Convention, alleging that the interference with their possessions has been unlawful and disproportionate.
QUESTIONS TO THE PARTIES
1. Has there been an interference with the applicants’ peaceful enjoyment of possessions, within the meaning of Article 1 of Protocol No. 1 to the Convention, on account of the freezing of their bank accounts, vehicles and immovable property?
2. If so, was that interference lawful? In particular, was the applicable legislation sufficiently precise regarding the legal grounds and conditions for freezing, and were the freezing orders compliant with the latter?
3. Was the interference necessary to control the use of property in accordance with the general interest? Did that interference impose an excessive individual burden on the applicants (see, for general principles, Karahasanoğlu v. Turkey, nos. 21392/08 and 2 others, §§ 142-52; see also, Džinić v. Croatia, no. 38359/13, §§ 67-82, 17 May 2016, and Filkin v. Portugal, no. 69729/12, 3 March 2020)?