Failure to protect LGBTI protestors from violent attacks

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

Briefing on 27 November 2023, in November 2021, in 2020, 2018 and 2016

Documents from the November 2023 briefing:

• Powerpoint presentation by Davit Javakhishvili, GYLA, and Toby Collis, EHRAC

• Latest Rule 9.2 Communication from EHRAC and GYLA on the case (October 2023)

• Communication from NGOs (Social Justice Center and European Human Rights Advocacy Centre) in the case of Mikeladze and Others v. Georgia 

• Communication from an NGO (Tolerance and Diversity Institute (TDI)) on the Identoba group

Documents from the November 2021 briefing:

• Power point by Tamar Oniani, GYLA

• Rule 9.2 - Communication from NGOs (European Human Rights Advocacy Centre and the Women's Initiatives Support Group) (25/10/2021) in the case of Aghdgomelashvili and Japaridze v. Georgia (Application No. 7224/11) (Identoba group, 73235/12)

• Rule 9.2 - Communication from NGOs (Social Justice Center and ILGA-Europe) (26/10/2021) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12)

• Rule 9.2 - Communication from an NHRI (Public Defender's Office Georgia) (18/10/2021) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12)

• Rule 9.2 - Communication from an NGO (Georgian Young Lawyers’ Association) (11/10/2021) in the case of IDENTOBA AND OTHERS v. Georgia (Application No. 73235/12)

Documents from past briefings:

• Rule 9 submission of WISG, the Human Rights Education and Monitoring Centre Georgia, and ILGA Europe (2020)

• Video by ILGA Europe, September 2020

• Rule 9.2 by the Public Defender of Georgia (2020)

• Rule 9.2 by GYLA (2020)

• Rule 9 submission of WISG, the Human Rights Education and Monitoring Centre Georgia and ILGA Europe (2018)

• 2016 Rule 9.2 of Identoba, Women's Initiatives Support Group (WISG), Amnesty International, and ILGA-Europe

• 2018 Rule 9.2 submission from WISG, the Human Rights Education and Monitoring Centre (Georgia) and ILGA Europe

• 2018 Communication from the Public Defender of Georgia

• 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 state of execution and suggested actions to be taken by Georgia were presented by Tamar Oniani from GYLA in November 2021, Arpi Avetisyan from ILGA Europe in 2020, by Lika Jalagania, Project coordinator at the Human Rights Education and Monitoring Centre (Georgia) in May 2018 and by Nigel Warner of ILGA-Europe in 2016 .