The European Court of Human Rights condemns Georgia for its Failure to Safeguard Victim of Domestic Violence

20-06-2023 

Sofía Medina Sánchez 

International Justice and Human Rights Researcher 

Global Human Rights Defence 

On the 15th of June the European Court of Human Rights issued the Gaidukevich v. Georgia decision on merits, finding Georgia in violation of Article 2 in both its procedural and substantive limbs, in conjunction with Article 14 ECHR (right to life and investigation). 

The case concerns the death of Ms Gaidukevich’s daughter, A.L., who was found hanged in 2017. Prior to her death, A.L. had reported instances of violent behaviour by her partner, G.K., to the police on at least 16 occasions. The police opened an investigation into A.L.’s death on suspicion of incitement to suicide, but never considered it a femicide. Ms. Gaidukevich relied on several articles of the European Convention on Human Rights in her complaint, including Article 2 (right to life), Article 3 (prohibition of inhuman or degrading treatment), and Article 14 (prohibition of discrimination). She contended that the authorities' actions constituted a failure to fulfil their obligation to safeguard her daughter's life, protect her from domestic violence, and conduct an effective criminal investigation into the circumstances leading to her death.

The court found a violation of the procedural obligations under Article 2 ECHR due to the deficient manner in which the criminal-law mechanisms were implemented in response to A.L.’s death. The failure to consider the possible role of gender-based discrimination in the commission of the offence and to investigate the previous incidents of domestic violence were highlighted as reasons for this deficiency. Moreover, the court found Georgia in breach of its substantive positive obligations under Article 2 ECHR based on the authorities’ failure to institute a proper criminal investigation into the years of physical and psychological abuse suffered by A.L., which led to her death. Therefore, Georgia was ordered to pay 20,000 euros on non-pecuniary damages and the costs and expenses of the proceedings.  

This judgement is particularly poignant for gender-violence victims and their protection, as the court highlights that the deficient response of the authorities is particularly alarming when assessed within the relevant domestic context of documented and repeated failure by the Georgian authorities to prevent and stop violence against women, including domestic violence. It acknowledges the pressing need to protect women against domestic violence and how it constitutes a systemic problem within our modern societies. Consequently, it constitutes a step further towards ensuring adequate protection and investigation by emphasising the State’s role and responsibility. 

Sources and further readings: 

Case of Gaudikevich v. Georgia (Application no. 38650/18), Judgement, Fifth Section, 15th June 2023: https://hudoc.echr.coe.int/eng/#{%22itemid%22:[%22001-225228%22]

Press Release issued by the Registrar to the Court, ECHR 179 (2023), 15 June 2023: http://hudoc.echr.coe.int/eng-press#{%22fulltext%22:[%2238650/18%22],%22documentcollectionid%22:[%22CHAMBERJUDGMENTS%22],%22kpdate%22:[%222023-06-12T00:00:00.0Z%22,%222023-06-19T00:00:00.0Z%22]