Resolution CM/ResDH(2024)45
Execution of the judgment of the European Court of Human Rights
Mikiashvili against Georgia
(Adopted by the Committee of Ministers on 14 March 2024
at the 1492nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
18996/06
MIKIASHVILI
09/10/2012
09/01/2013
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 final judgment transmitted by the Court to the Committee in this case and to the violations established on account of the applicant’s ill-treatment by police in October 2005 and lack of effective investigation into these facts (substantive and procedural violation of Article 3), as well as lack of effective investigation into the applicant’s allegations of ill-treatment by prison officials in August 2006 (procedural violation of Article 3);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action plans provided by the government indicating the individual measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2022)143 and DH-DD(2024)82);
Considering that no further individual measures can be envisaged, given that the reopened investigation into the facts of October 2005 resulted in the final conviction of the three former police agents, while the reopened investigation into the facts of August 2006 was closed due to the impossibility to obtain additional evidence and the expiry of the statute of limitation;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Tsintsabadze group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to ill-treatment and lack of effective investigations;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that no further individual measures are possible;
DECIDES to continue to supervise the adoption of the necessary general measures in the Tsintsabadze group of cases;
DECIDES to close the examination of this case.