Georgia: Strasbourg Court recognizes state violations in femicide case

State violations in femicide case in Georgia

The European Court of Human Rights has recognized state violations in the femicide case in Georgia of 2018, noting the negligence of law enforcement agencies. The Strasbourg court ordered the state to pay 20,000 euros for moral damages and 12,600 euros for legal costs. This information was disseminated by the Young Lawyers Association (GYLA).

The case concerns a woman who was the victim of systematic domestic violence by her ex-husband, which drove her to suicide. According to GYLA, for years she turned to the police with pleas for help, but law enforcement did not show due attention and did not fulfill their obligations.

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The European Court of Human Rights agreed with the arguments of the applicant’s representatives and held that the complaint under the procedural part of Article 2 of the Convention raised two aspects:

1. The investigation into possible law enforcement negligence was ineffective,
2. The investigation into the ill-treatment and death of the applicant’s daughter was inadequate in relation to the abuser.

Systemic problem, not a one-time event

The Strasbourg Court drew attention to the systemic problem of domestic violence in Georgia.

In particular, law enforcement officers showed negligence towards the deceased woman. The Court draws particular attention to the fact that she called sixteen times asking for help.

The police responded thirteen times and dispatched a patrol team, and a restraining order was issued three times. However, the law enforcement officials did not pay attention to the fact that the applicant’s son stopped asking for help.

The Strasbourg Court also emphasized that the law enforcement authorities considered each application as a separate case, and not systemically, and this led to an incorrect assessment of the risks.

“The lack of prompt and conscientious action created a sense of impunity for the perpetrator, which contributed to the repetition of violence,” the report says.

State violations in femicide case in Georgia