Resolution CM/ResDH(2011)109[1]
Execution of the judgments of the European Court of Human Rights
Kidzinidzé against Georgia
(Application No. 69852/01, judgment of 29/01/2008, final on 07/07/2008)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in this case concern the excessive length of proceedings brought by the applicant in February 2000 before the Supreme Court of the Autonomous Republic of Ajaria as well as a breach of his right to a tribunal due to the implicit refusal of the court of Batoumi to consider an appeal he lodged in October 2000 (violations of Article 6 §1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, within the time-limit set, the respondent state paid the applicants the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)109
Information on the measures taken to comply with the judgment in the cases of
Kidzinidze against Georgia
Introductory case summary
The case concerns the excessive length of proceedings brought by the applicant in February 2000 before the Supreme Court of the Autonomous Republic of Ajaria as well as a breach of his right to a tribunal due to the implicit refusal of the court of Batoumi to consider an appeal he lodged in October 2000 (violations of Article 6 §1).
The applicant was joint founder and, for a certain time, chairman of a company which imported several thousand tons of flour into the Autonomous Republic of Ajaria at the request of President Abachidzé. The applicant and the company never obtained full payment for these imports but were on the contrary allegedly victims of extortion under threat by the local Ajarian authorities. The applicant brought proceedings before the Supreme Court of the Autonomous Republic of Ajaria and the court of Batoumi to obtain payment of the sums owed and reimbursement of the sums extorted, as well as to obtain compensation for pecuniary and non-pecuniary damages.
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
4400 EUR
500 EUR
4900 EUR
Payé le 02/10/2008
b) Individual measures
The application lodged with the Supreme Court of the Autonomous Republic of Ajaria was still pending before this court when the European Court gave its judgment. Following the judicial reform begun in 2005 the Supreme Court ceased to function and the applicant’s appeal was referred to the Court of Batoumi city. The Court of Batoumi city delivered its judgment on 20 January 2010. No appeal was lodged against this judgment within the prescribed time limit and this judgment is therefore final.
Moreover, the Court of Batoumi City tried to resume the examination of the application lodged by the applicant in October 2000, but could not persue the proceedings as it could not find the applicant despite its endeavours. However, the Court indicated that it would examine this application should the applicant be located.
Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The judgment of the European Court was translated and published in the Official Gazette No. 4, dated 14/01/2009.
The Kidzinidzé judgment also appears in a journal entitled The judgments of the European Court of Human Rights against Georgia, published in 2010 by the Human Rights Centre of the Supreme Court of Georgia. This work is a collection of judgments delivered by the European Court of Human Rights against Georgia between 2004 and 2010, and has been distributed to domestic courts.
III.Conclusions of the respondent state
The government considers that no specific individual measure is required over and above those set out above, that the general measures adopted will prevent similar violations and that Georgia has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
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