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ETHNIC MINORITIES / Statement

Seven Years Since the Killing of Temirlan Machalikashvili: Justice Remains Unfulfilled

Seven years have passed since the life of Temirlan Machalikashvili was taken, yet the authorities still fail to ensure a proper investigation into the brutal killing of the 19-year-old during a special operation conducted by the State Security Service of Georgia and to hold the perpetrators accountable.

On December 26, 2017, in the Pankisi Gorge, the State Security Service of Georgia carried out a special operation, which resulted in the death of 19-year-old Temirlan Machalikashvili. The Prosecutor's Office of Georgia failed to conduct an objective investigation, and on January 25, 2020, it closed the case, refusing to initiate criminal prosecution against the State Security Service officers involved in the killing.

It must be noted that from the very beginning of the investigation, it was evident that the process would be formal and illusory due to the unlawful interference by the State Security Service, significant violations in the procedures for gathering and preserving evidence, the dehumanization of the Machalikashvili family, and the state's persistent denial of the crime. As a result, Temirlan Machalikashvili's family appealed to the European Court of Human Rights, which, on January 19, 2023, found a violation of the European Convention on Human Rights in the case. Specifically, the court ruled that the procedural aspect of the right to life had been violated due to the lack of independence and effectiveness in the investigation. The court concluded that the absence of an effective investigation made it impossible to assess specific issues, including the substantive aspect of the right to life.

Therefore, it was crucial for the Special Investigation Service to understand that the European Court's inability to establish a substantive violation stemmed from the investigation's fundamental flaws and the lack of appropriate evidence.

Taking the court's assessments into account, the Social Justice Center has repeatedly appealed to the Special Investigation Service, submitting multiple statements and motions demanding immediate investigative and procedural actions if the investigation were to be reopened. However, the Special Investigation Service failed to take appropriate action.

After the Committee of Ministers of the Council of Europe expressed concern and demanded that the state make a decision on reopening the investigation into Temirlan Machalikashvili's killing, the Special Investigation Service, without any communication with the family or their lawyers, suddenly decided not to reopen the investigation.

The Social Justice Center considers the decision of the Special Investigation Service unjustified and emphasizes the need for an objective and thorough investigation into Temirlan Machalikashvili's killing. To this end, the Social Justice Center has already submitted a report to the Committee of Ministers and is demanding that Georgia be obligated to reopen the investigation at the national level.

The Social Justice Center hopes that the Committee of Ministers will consider their appeal and arguments, reaffirm the necessity of reopening the investigation at the national level, and obligate state authorities to conduct an independent and effective investigation into the case.

The case of Temirlan Machalikashvili remains one of the gravest examples of state violence, unjust justice, and the dehumanization of victims in recent years. This case revealed, even seven years ago, at a time when the systemic injustice and repressive nature of the regime were not yet evident to all, how an entire state apparatus can turn against a victim, stripping them of dignity, rights, and humanity. The case of Temirlan Machalikashvili has long highlighted the inhumane and politicized nature of law enforcement systems.

We remain in solidarity with the Machalikashvili family and continue to defend their legal interests.

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