Failure to protect LGBTI protestors from violent attacks

Identoba and Others v Georgia (Appl. No. 73235/12)

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  • Rule 9 submission of Identoba, Women's Initiatives Support Group (WISG), Amnesty International, and ILGA-Europe
  • Decision by the Committee of Ministers, December 2016
  • Judgment of the European Court of Human Rights

The case concerns a peaceful demonstration in Tbilisi in May 2012 to mark the International Day against Homophobia and Transphobia, which was violently disrupted by counter-demonstrators. The applicants, an NGO, Identoba, and 13 individuals, complained that the Georgian authorities had failed to protect them from violent attacks and to effectively investigate the incident, including the discriminatory motive behind the attacks. The Court held that there had been a violation of Article 3 (prohibition of inhuman or degrading treatment) taken in conjunction with Article 14 (prohibition of discrimination), and of Article 11 (right to freedom of peaceful assembly), also taken in conjunction with Article 14 (prohibition of discrimination).

The current state of execution and suggested actions to be taken by Georgia were presented by Nigel Warner of ILGA-Europe.

A joint NGO submission by Identoba, Women's Initiatives Support Group (WISG), Amnesty International, and ILGA-Europe as non-governmental organisations under rule 9(2) of the Rules of the Committee of Ministers can be found here

The Committee's decision on the case adopted at its 1273 CM-DH meeting can be found here