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Thursday, 20 April, 2023
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The Strasbourg Court Declares Inter-state Application in the Case - Georgia v. Russia (IV) Fully Admissible

With today's decision, the European Court of Human Rights (ECHR) declared the interstate application in the case Georgia v. Russia (IV) (the so-called continuing occupation case) fully admissible and once again confirmed that Russia is responsible for the mass violations committed against the population of Georgia, as it continues to exercise effective control over the Tskhinvali region, and on Abkhazia.

The 4th interstate application filed by Georgia against the Russian Federation refers to the administrative practice of Russian officials’ tolerance of mass harassment, arrests, attacks, killings of the Georgian population in the territories occupied by Russia and along the occupation line.

The complex legal positions and evidence of the Government of Georgia on the mentioned case were sent in 2021 and 2022, including material from the national archives; Documented information and statistics about violations of the Russian Federation by Georgian government agencies; Decisions issued by national courts on relevant criminal cases; reports of international organizations; Public statements of representatives of the Russian government; Sources describing the "relationship" between the separatist defacto "authorities" and the Russian Federation (information on the political, financial, military and other types of close ties between them).

It should be noted that the ECHR fully shared the legal position of Georgia with the submitted evidence and recognized all the claims of the Georgian government as admissible.

The Strasbourg Court considered that, at the admissibility stage, there is sufficient evidence to establish that Russia's administrative practice violates the following articles of the European Convention: Article 2 (right to life), Article 3 (prohibition of torture), Article 5 (right to liberty and security), Article 8 (Right to protection of private and family life), Article 13 (Right to an effective remedy), Article 14 (Prohibition of discrimination), Article 18 (limitation on use of restrictions on rights), Articles 1 (Right to property) and 2 (Right to Education) Articles and Protocol 4 of Article 2 (Freedom of Movement).

It should be noted that in the government's application, special attention is paid to the murders of Archil Tatunashvili, Giga Ochtozoria and Davit Basharuli. The Strasbourg Court emphasized that the mentioned cases are illustrative cases of massive human rights violations by Russia and will be considered within the framework of the above-mentioned administrative practice. In addition, it should be emphasized that the ECHR will specifically discuss the factual circumstances of these cases in terms of individual complaints, where the Government of Georgia is involved as a third party and presents a legal position in support of the complainants.

As a result of determining the admissibility of the so-called continuing occupation case will now move the case to the substantive review stage, where the court will examine the mass and specific human rights violations alleged by the Georgian government against Russia.

The Ministry of Justice of Georgia thanks the state agencies, especially the General Prosecutor's Office of Georgia, the State Security Service and the Ministry of Internal Affairs, for their active involvement in the stage of gathering evidence in this case.

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The Grand Chamber of the Strasbourg Court Delivers a Judgement on the Cases of the June 20-21, 2019 Demonstrations

The Grand Chamber of the European Court of Human Rights delivered its judgment in the case Tsaava and Others v. Georgia at a public hearing today, 11 December 2025. The case concerns the demonstrations of 20–21 June 2019 and the use of special means to disperse the protesters.

In its judgment, the Grand Chamber reaffirmed that the state has the legitimate right to resort to special means in situations involving attacks or assaults on law enforcement officers and state institutions. The Court also noted that the escalation of the June 20 events and the assault on the Parliament building were encouraged by opposition politicians.

The Court held that the use of force and special means should have been directed exclusively at demonstrators who engaged in violent actions. As the leadership of the Ministry of Internal Affairs at the time failed to ensure adherence to this standard and did not guarantee the proportional use of force, the Court found a violation of Articles 3 (prohibition of ill-treatment), 10 (freedom of expression), and 11 (freedom of assembly) of the European Convention on Human Rights.

The Grand Chamber further noted that the Government of Georgia fully cooperated with the Court during the proceedings and provided all necessary information and materials. Consequently, the applicants’ complaint alleging a lack of cooperation was dismissed. The Court did not find it necessary to examine the complaint under Article 13 (right to an effective remedy).

Following the shortcomings identified in the Chamber’s judgment of 7 May 2024, the government initiated an investigation into the planning and execution of the MIA operation to determine its compliance with the standards established by the European Court.

As a result of this investigation, on 12 November 2025, the Prosecutor’s Office of Georgia initiated criminal proceedings against the former Minister of Internal Affairs, Giorgi Gakharia. The investigation is ongoing.