European Court of Human Rights Condemns Georgia's Failure to Prevent Gender-Based Violence

Strategic Insights -

The European Court of Human Rights has issued a groundbreaking judgment against Georgia, condemning the country's failure to prevent gender-based violence and effectively investigate domestic abuse cases. The case, A and B v. Georgia (Application no. 73975/16), was brought by two Georgian nationals, A and B, who lost their next of kin, C, to domestic violence. The court found that the respondent state's failure to protect C from her partner, a police officer, and to conduct an effective investigation into the matter, was a direct result of systemic issues and passive attitudes of law-enforcement authorities.

Key Takeaways:

  • The court found that the respondent state's failure to protect C from domestic violence led to her murder, highlighting the need for effective prevention and protection mechanisms against gender-based violence.
  • The case illustrates the pervasive issue of police officers abusing their power and committing domestic violence, with the police officer in question flaunting his service pistol and intimidating witnesses to silence them.
  • The court noted that the investigation into C's murder was ineffective, with the police and prosecution authority failing to properly examine the incidents of domestic violence and instead allowing the perpetrator to intimidate witnesses and C herself.
  • The State was criticized for its lack of action to address the systemic issues contributing to gender-based violence, including a culture of impunity and a lack of effective complaint mechanisms.
  • The judgment highlights the importance of promoting a culture of zero tolerance towards domestic violence and ensuring that law-enforcement authorities are held accountable for their actions.

Statistics:

  • According to the available material, D, the perpetrator, used his official position to commit abuse against C on at least seven occasions between April 2011 and July 2014.
  • The police officers involved in the investigation were acquaintances of D, who interfered in the process, mocking C's responses and shouting at her (paragraph 10).
  • The court noted that a public prosecutor interviewed D and one of the police officers regarding the incident of 31 August 2013, both of whom denied that C had been ill-treated (paragraph 12).
  • The Kutaisi City Court found D guilty of premeditated murder of a family member and sentenced him to eleven years' imprisonment (paragraph 19).

Sources:

  • European Court of Human Rights, Case of A and B v. Georgia, Application no. 73975/16, Judgment, 10 February 2022.
  • European Court of Human Rights, Case of A and B v. Georgia, Application no. 73975/16, Final Judgment, 10 May 2022.