ECHR Rules Violation of Rights in Domestic Violence Case

On June 15, 2023, the European Court of Human Rights issued its decision in the case of “GAIDUKEVICH v. GEORGIA” finding a violation of the right to life (Article 2) and the prohibition of discrimination (Article 14) under the European Convention on Human Rights.

The case involved an application daughter- a woman who reported her partner’s violent behavior to the police 16 times, but the law-enforcement failed to respond adequately. Tragically, she later committed suicide by hanging. The court criticized the Georgian authorities’ failure to protect her from domestic violence and conduct a thorough investigation.

The court stressed that authorities must promptly investigate allegations of domestic violence, secure evidence, and ensure effective protection stating that “a State’s failure to protect women against domestic violence breaches their right to equal protection before the law and that this failure need not be intentional”. The court highlighted deficiencies in the investigations, including negligence by law- enforcement authorities, acceptance of suicide as the cause of death without thorough examination, and inadequate response to previous incidents of domestic violence.

The court also found significant failures in the response of the police, including the lack of independent investigation, stating that even when complaints are withdrawn “the authorities must check whether a real and immediate risk to the life of the identified victim or victims of domestic violence exists by carrying out an autonomous, proactive and comprehensive lethality risk assessment. They must assess the real and immediate nature of the risk, taking due account of the particular context of domestic violence”. The court concluded that the authorities knew or should have known about the risk to the victim’s life and that restraining orders alone were insufficient.

Furthermore, the court criticized the conviction of the abuser for only a single incident of domestic violence, disregarding the pattern of abuse leading up to the victim’s death. This approach neglected established case-law and failed to address gender-based discrimination.

The court ordered Georgian authorities to pay the applicant EUR 20,000 for non-pecuniary damage and EUR 12,600 for costs and expenses.

Also Read:

• 16/05/2023 –  ECHR Finds Violation of Freedom of Assembly and Expression in Chkhartishvili v. Georgia Case

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