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Application of the standards of the European Convention on Human Rights (ECHR) by the common courts of Georgia

On 5 April, 2017, Application of the European Convention on Human Rights (ECHR) and decisions of the European Court of Human Rights (ECtHR) by the common courts of Georgia constituted the focus of a high-level event, which brought together representatives of the Government and the Parliament of Georgia, Georgian Courts, Public Defender’s Office, practicing lawyers and leading Georgian non-governmental organisations working in the area of human rights.

The event was organised in the framework of the European Union – Council of Europe joint project “Application of the European Convention on Human Rights and harmonisation of national legislation and judicial practice in Georgia in line with European standards”, being implemented under the EU-CoE Programmatic Cooperation Framework.

Mr Christos Giakoumopoulos, Director of Human Rights, Directorate General Human Rights and Rule of Law of the Council of Europe, expressed satisfaction with the conclusion of the Study that “Common Courts of Georgia are ready and capable to apply in practice and introduce the judgments rendered by the ECtHR”, noting at the same time that “the study also identified cases when national courts applied the practice of the ECtHR incorrectly or incompletely”.

Mr Cristian Urse, Head of the Council of Europe Office in Georgia, mentioned that it is essential to maintain high expectations in regard of harmonisation of Georgian courts’ practice with European Court of Human Rights. “That is why we, the Council of Europe and the European Union, take this issue seriously. The joint project we implement together aims at guaranteeing to all Georgian citizens the ability to enjoy a better protection of their fundamental rights and at helping judges, prosecutors and lawyers in Georgia to implement the European Convention on Human Rights in their daily work”.

Ms Dorota Dlouchy-Suliga, Head of Political Section of the Delegation of the European Union to Georgia, declared that “By looking at the level of application of the European Convention, the European Court of Human Rights' case law and standards, we are also highlighting the common values of human rights and their direct impact on the life of ordinary citizens in Georgia”.

“The European Convention on Human Rights and the decisions of the European Court  of Human rights are undoubtedly important  not only for the protection of human rights, but also  for building democracy and Europeanization in Georgia.  One of our top priorities is construction of an effective mechanism of protection of human rights. In this process, it is inherent that the European Convention on Human Rights and the decisions of the European Court of Human Rights play essential role”, noted Ms Sopho Kiladze, Head of Human Rights and Civic Integration Committee of the Parliament of Georgia.

The event highlighted the significance of the application of the ECHR at the national level and stressed the important role of national bodies for fully implementing its principles and ECtHR decisions in order to improve the life of ordinary people in Georgia.

The Study found that the Georgian courts are capable of applying the ECHR correctly, but also highlighted areas where improvement is still needed.

Participants discussed challenges and possible solutions to remaining issues with the application of the ECHR standards.

Tbilisi 5 April 2017
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