Today, the European Court of Human Rights has delivered a judgment on the case Machalikashvili and Others v. Georgia concerning an anti-terrorism operation carried out in Georgia by the State Security Service.

Lack of an effective and thorough investigation into fatal anti-terrorism operation.

In today’s Chamber judgment in the case of Machalikashvili and Others v. Georgia (application no. 32245/19) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 2 – procedural aspect (right to life) of the ECHR, and, by six votes to one, that there had been: no violation of Article 2 – substantive aspect (right to life).

The case concerned an anti-terrorism operation carried out in Georgia by the State Security Service. Following one of the arrests, the applicants’ relative, T.M., who was suspected of providing material support to a group associated with the so-called “Islamic State”, died in hospital, having been shot while allegedly trying to detonate a grenade during his arrest. The applicants alleged that they themselves were subjected to physical and verbal abuse. The Court found in particular that the authorities had failed to comply with the requirements of an effective and thorough investigation for the purposes of Article 2 of the Convention. However, it considered that there was insufficient evidence to conclude, beyond reasonable doubt, that T.M. had died in circumstances engaging the responsibility of the State. Moreover, it rejected the applicants’ complaint of ill-treatment under Article 3 (prohibition of inhuman or degrading treatment) as manifestly ill-founded.

The Court held that Georgia was to pay the applicants jointly 10,000 euros (EUR) in respect of nonpecuniary damage and EUR 15,000 in respect of costs and expenses.