European Court of Human Rights Finds Georgia Responsible for Failing to Protect Woman from Police-Perpetrated Domestic Violence

Strategic Insights -

The European Court of Human Rights (ECtHR) has ruled that the Georgian authorities failed to protect the life of a woman who was murdered following a prolonged period of domestic violence at the hands of her former partner, a serving police officer. The Court found unanimously that Georgia had violated the right to life (in both its procedural and substantive aspects) and the prohibition of discrimination. The case, A and B v Georgia, was brought to the Court in 2015 by the European Human Rights Advocacy Centre (EHRAC) and the Georgian Young Lawyers Association (GYLA), on behalf of the woman's mother and minor son.

Key Takeaways:

  • The ECtHR found that the Georgian authorities failed to protect the woman from domestic violence, despite repeated requests for help from law enforcement agencies.
  • The Court emphasized that the case was not about the violent actions of the woman's former partner, but rather about the authorities' "inactivity and negligence" which had disastrous consequences.
  • The ECtHR found that the authorities failed to take protective measures after being notified of the woman's abuse, and failed to conduct an effective investigation into the conduct of the law enforcement officers and prosecutor.
  • The judgment provides an acknowledgment of the myriad ways in which the Georgian authorities failed in their duty to protect the woman from domestic violence.
  • The ECtHR found violations of both Article 2 (in its substantive and procedural aspects) and Article 14 of the European Convention on Human Rights (ECHR), arising from the authorities' failure to take protective measures and conduct an effective investigation.
  • The applicants were awarded Euros35,000 in non-pecuniary damages in recognition of the damage they suffered in losing their daughter and mother.
  • The judgment sets a legal precedent for the need to investigate gender bias and discriminatory motive on the part of law enforcement officials in cases of domestic violence.
  • The judgment also reiterates the need for an investigation into gender bias and discriminatory motive on the part of law enforcement officials, and adopts a simultaneous adjudication of violations of the right to life and gender-based discrimination.

Statistics:

  • The woman was repeatedly abused by her former partner, a serving police officer, despite repeated requests for help from law enforcement agencies.
  • The woman was killed on July 25, 2014, after leaving an interview with the Ministry of the Interior.
  • D, the woman's former partner, was convicted of her murder and sentenced to eleven years' imprisonment.
  • The applicants received Euros35,000 in non-pecuniary damages in recognition of the damage they suffered in losing their daughter and mother.
  • The judgment provides an acknowledgment of the myriad ways in which the Georgian authorities failed in their duty to protect the woman from domestic violence.

Sources:

  • European Court of Human Rights (ECtHR) judgment in A and B v Georgia
  • European Human Rights Advocacy Centre (EHRAC) press release
  • Georgian Young Lawyers Association (GYLA) press release
  • https://ehrac.org.uk/en_gb/georgia-responsible-for-discriminatory-failures-to-protect-woman-from-police-perpetrated-domestic-violence/