Some Issues From The European Court Of Human Rights Case Law


The jury is relatively new institution in Georgian law and its usage in practice still arises questions. The part of these questions is related to exercising the rights established under of European Convention on Human Rights, namely, right to fair trial provided for in article 6. European Court of Human Rights (Strasbourg court) rendered a decision on Georgian cases. Article discusses several issues of functioning of the jury in Georgia according to European Court of Human Rights.

Articles 2 (right to life) and 3 (prohibition of torture) imposes on the member states of the convention the procedural obligation to conduct effective official investigation on the fact of violating fundamental rights envisaged in these articles. Strasbourg court has established the violation of effective investigation standard on several Georgian cases. In particular, the violation was expressed in simultaneously failure to fulfill such requirements as: independence of investigation, not giving a possibility to the family member to be involved in process as a victim, improper evaluation of evidences, incomplete and partial investigation, delay in justice, improper protection of victim’s life, disproportional sentence used. Article discusses Strasbourg court decisions on these issues.


Jury, Investigation, Convention

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