Introduction

1. The case of Aghdgomelashvili and Japaridze v. Georgia (Application no. 7224/11, judgment of 8 October 2020), concerns a police raid on the office of the Inclusive Foundation (an LGBT organization) in Tbilisi in December 2009. During this raid, police officers subjected the applicants to homophobic and transphobic insults, threats, and humiliating strip searches. In its judgment, the Court found both a substantive and a procedural violation of Article 3 (the right not to be subjected to torture and inhuman or degrading treatment or punishment) in conjunction with Article 14 ECHR (prohibition of discrimination). The case is subject to the enhanced procedure, as part of the Identoba group of cases.

2. This Submission is communicated by the European Human Rights Advocacy Centre (EHRAC) and the Women's Initiatives Support Group (WISG) as nongovernmental organisations, under Rule 9(2) of the Rules of the Committee of Ministers (CM) for the supervision of the execution of judgments for consideration at the 1419th meeting on 30 November – 2 December 2021. It responds to the Action Report of the Government of Georgia submitted on 8 October 2021 (re the Identoba group of cases).

3. This Submission refers to previous Rule 9.2 submissions of 16 November 2016 (the 2016 CSO submission)1, 10 May 2018 (the 2018 CSO submission)2, 2 August 2019 (the 2019 CSO submission)3 and 10 August 2020 (the 2020 CSO Submission).

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Rule 9(2) submission to the Committee of Ministers of the Council of Europe concerning the implementation of Aghdgomelashvili and Japaridze v. Georgia