Identoba and others v Georgia concerns the failure of the Georgian authorities to provide adequate protection against inhuman and degrading treatment inflicted by private individuals on LGBTI activists who were attacked during a peaceful demonstration in May 2012 (substantive violations of Article 3 in conjunction with Article 14), as well to conduct any effective investigation into these events (procedural violations of Article 3 in conjunction with Article 14). In addition, the Court held that the authorities had breached their obligation to ensure that the march could take place peacefully by failing sufficiently to contain homophobic and violent counter-demonstrators (violation of Article 11 taken in conjunction with Article 14).

After the judgment of the case in 2015, it has been under the enhanced supervision by Committee of Minister of Council of Europe. Under which Georgia is obliged to provide CM with the progress reports/action plans on the development made in the process of implementation of the case.

Apart of the Government, Human Rights Education and Monitoring Center (EMC) together with Women’s Initiative Supportive Group (WISG) and ILGA-Europe has submitted the communication[1] under Rule 9(2) of the Rules of the Committee of Ministers for the supervision of the execution of present judgment on August 2 2019. CSO submission was identifying state’s failure to ensure that the right to freedom of assembly and manifestation of LGBTI people is respected in Georgia, it also referred to numerous human rights violations and inaction from the state in 2018 and 2019 years towards the investigation of homophobic hate crimes in the country.

By considering provided information by the government, PDO and CSO’s, Committee has made a decision on several aspects on the implementation of the case. It is important that the decision reflects critical areas identified in the CSO’s rule 9.2 submission to CM as well as ECRI report on Georgia.

First of all, CM has welcomed and acknowledged that Georgia has carried out significant legal and institutional reforms, by reflecting international standards on the prohibition of discrimination in domestic case-law. CM assesse positively governments commitment to envisage the training and awareness-raising activities in recent years for law enforcement and judicial authorities, accordingly, CM encouraged the authorities to sustain and reinforce the ongoing training and awareness-raising of law enforcement agents, judges and prosecutors, drawing upon the Council of Europe’s expertise and training opportunities, such as the HELP on-line course on Hate Crime and Hate Speech;

However, by referring to the report on Georgia of UN IE SOGI it “noted with concern that her report indicates that there still persist a number of serious, systemic shortcomings in law and practice concerning discrimination and hate crime, notably against LGBTI persons; noted with interest in this regard the statistical data submitted by the Government showing an increased number of investigations and convictions with respect to discrimination issues and hate crimes.”

CM has noted also with concern the reports concerning the incidents surrounding attempts to hold an LGTBI pride march in Tbilisi in June 2019, including threats against would-be marchers, the Public Defender and her deputies, as well as the reported inability of law enforcement bodies to protect participants from violent homophobic groups. The committee underlined the importance of pluralism, tolerance and broadmindedness as hallmarks of a democratic society and the State’s positive obligation to act as the ultimate guarantor of these principles; consequently, urged the authorities to take all measures necessary in order to fully safeguard freedom of assembly and the physical integrity of participants.

CM urged the authorities to give full effect to the criminal law protection against crimes based on discriminatory motives, in particular when committed by law enforcement officials, through a general policy of considering such motives as aggravating circumstances for punishment or considering such crimes as serious crimes, and through more effective investigations, and to keep the Committee informed of progress achieved.

In addition, CM Specifically addressed the issue of the investigation, by encouraging the authorities, in this context, to establish a specialized investigative unit within the police in order to carry out effective investigations into hate crimes.

Identoba and others v Georgia will stay under the supervision of the CM and will assess the implementation at their DH meeting in September 2020.

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