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The European Court found the violation upon applications about interfering with march of sexual minorities



On May 12, 2015 The European Court held the judgment in the case Identoba and others v. Georgia, the application №73235/12. The applicants are Identoba, non-governmental organization set up to promote and protect the rights of lesbian, gay, bisexual and transgender people in Georgia and 14 Georgian nationals, who were born between  1959  and  1992 respectively and live in Tbilisi.   

The applicants claimed that the state authorities failed to provide sufficient protection of  the participants of the peaceful march, that took  place on 17 May 2012 in Tbilisi to mark the International Day against Homophobia. Nine days before the event the demonstrators notified the authorities of the intention to hold peaceful demonstration and requested them to provide proper protection against possible violence, having regard to hostility towards sexual minorities in some quarters of Georgian society. European Court noted in its judgment that the state authorities had not made any actions before the event to advocate the tolerance , conciliatory stance or to warn potential offenders of the nature of possible sanctions. It noted also, that  number of police officers deployed had not  been sufficient to provide proper protection of demonstrators.

All individual applicants had become the target of hate speech and aggressive behavior by counter-demonstrators. There were no efforts to protect the participants of march from violence despite the fact that the demonstrators asked for help. Three of were injured and four applicants were briefly arrested by police officers. The complaints that applicants filed shortly afterwards were not properly investigated. The authorities narrowed the scope of the investigation and no significant progress had been made during two years despite the repeatedly submitted requests of the applicants. The European Court did not consider that administrative sanctioning of two counter-demonstrators, who had been given a fine, was sufficient to discharge the State of its procedural obligations under Article 3 of the European Convention.

The European Court found that there were violations of Article 3 and Article 11 in conjunction with Article  14 of the European Convention and held that Georgia was to pay between 2 000 and 4 000 Euro for every applicant and 1 500 Euro for the NGO Identoba in respect of non-pecuniary damage.

The text of the judgment  can be downloaded by the link{"fulltext":["Identoba"],"itemid":["001-154400"]}


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