The Coalition for an Independent and Transparent Judiciary submitted a written communication to the Council of Europe Committee of Ministers. The document aims to inform the Committee of Ministers about the state of execution of the so called Garibashvili Groupcases.
The Committee is currently supervising the execution of six decisions made by the European Court of Human Rights against Georgia (Garibasvili Group cases). The judgments include such well-known cases as Girgvliani and Enikidze v. Georgia .
Each decision is concerns violation of the right to life and prohibition of ill-treatment by the Government of Georgia. Despite differences in factual circumstances, in all of these cases the state failed to ensure effective investigation. More specifically, the Court has questioned independence and impartiality of the investigative bodies, as well as thoroughness and promptness of investigation.
In order to ensure timely execution of the Court judgements, the Committee of Ministers has numerously addressed the Government of Georgia with a request to develop a legislative framework which would meet the criteria of independence and impartiality of the investigative body.
For many years timely and effective investigation of crimes committed by representatives of law enforcement has been problematic in Georgia. Up to date the failure to identify criminals and their impunity has led to the establishment of the systematic abuse of power. The Coalition has familiarized the Committee of Ministers with the reports of international and local organizations concerning the systemic flaws -in the investigation process.
In view of these problems, the members of the Coalition have persistently demanded creation of the Independent Investigative Mechanism. An independent body that is equipped with power to investigate and prosecute, and is accountable to the Parliament, fully meets the criteria of effective investigation established by the European Court of Human Rights. Correspondingly, it is the only premise for the full and truthful execution of the current decisions.
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