Resolution CM/ResDH(2011)64

Execution of the judgment of the European Court of Human Rights
Gurgenidze against Georgia

(Application No. 71678/01 Gurgenidze, judgment of 17/10/2006, final on 17/01/2007)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the failure by Georgian courts adequately to protect the applicant’s private life following the publication in a newspaper of his photograph and a series of insulting interviews (violation of Article 8) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment,

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)64

Information about the measures to comply with the judgment in the case of
Gurgenidze against Georgia

Introductory case summary

The case concerns the failure by Georgian courts adequately to protect the applicant’s private life following the publication in a newspaper of his photograph and a series of insulting interviews. The courts rejected the applicant’s request for compensation for non-pecuniary damage.

The European Court considered that the wrong done to him and the absence of sufficient protection by the domestic courts would have caused the applicant to experience disadvantage in his private and professional life as well as a strong feeling of shame preventing him from facing others (violation of Article 8).

I.	Individual measures

a) Details of just satisfaction

Pecuniary damage	Non-pecuniary damage	Costs and expenses	Total	
-	4000 EUR	2116 EUR	6116 EUR	
Paid on 21/03/2007	

b) Individual measures

No individual measure was considered necessary by the Committee of Ministers.

II.	General measures

The European Court judgment, translated into Georgian, was published in the Official Gazette of Georgia, No. 55 dated 26/11/2007.

It is also to be found in Judgments of the European Court of Human Rights against Georgia, published by the Human Rights Centre of the Georgian Supreme Court. This book contains the judgments delivered against Georgia between 2004 and 2010 and has been issued to domestic courts. Courts’ attention has thus been drawn to the requirements of the Convention concerning the balance to be stuck between freedom of expression and the right to respect for private life.

III.	Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent similar violations and that Georgia has thus complied with its obligations under Article 46, paragraph 1, of the Convention.