Published: 14 Jul 2016 | By Tamar Abazadze

Friendly settlements and unilateral declarations at the European Court of Human Rights

Article

A recent trend of the Georgian Government

The new Government that came into power following the parliamentary elections on 1 October 2012 unveiled a settlement policy with regards to applications lodged against Georgia at the European Court of Human Rights (ECtHR). In November 2012, the Minister of Justice stated: “it is our aim to unburden the European Court from Georgian complaints and establish a culture of resolving human rights [disputes] inside the country, so that people are no longer forced to prove their truth abroad.”

Statistics from the last three years clearly illustrate a trend by the Georgian Government of using friendly settlements (FS) and unilateral declarations (UD) to resolve cases lodged at the European Court. As reported by the Ministry of Justice, 19 cases were resolved with a settlement between applicants and the Government of Georgia in 2013, compared with 26 in 2014 and 14 in 2015. Meanwhile the number of UDs made by the Government and approved by the European Court is as follows: two UDs in 2013, 14 in 2014 and 15 in 2015 – a significant increase compared to previous years. For instance, in 2012 a total of four cases were resolved with a settlement and only one with a UD (this was the only UD made by the Government in previous years). By the end of 2011, a total of five cases had been resolved through FS.

You can read Tamar Abazadze’s full article in the Summer 2016 Bulletin.