Enforcement of Kiladze v Georgia

On 2 February 2010, in the case of Klaus and Yuri Kiladze v Georgia (No. 7975/06), the European Court of Human Rights found a violation of the applicants’ right to peaceful enjoyment of possessions (Article 1 of Protocol No. 1) due to the Georgian Government’s failure to adopt the law envisaged in Article 9 of the Law of 11 December 1997 on the Recognition of Status as a Victim of Political Repression for Georgian Citizens and Social Protection for the Oppressed (‘the law of 11 December 1997’), with the result that the applicants have never been able to receive the compensation to which they are entitled. The case was litigated by EHRAC and one of its Georgian partner organisations, GYLA.

English translation of the European Court judgment: Kiladze_judgment ENG
Original European Court judgment (in French): Kiladze_judgment

In order to rectify the structural problems highlighted in the European Court judgment the Georgian Government drafted amendments to the Law of 11 December 1997 and the Administrative Procedure Code of Georgia to enable the victims of repression envisaged in Article 9 of the Law of 11 December 1997 to effectively beneft from the right guaranteed by this provision. The number of people concerned is estimated at 20,000. The amendments, with certain modifications, entered into force on 18 May 2011.

Amendments to legislation (in French): Kiladze amends to legislation

EHRAC and GYLA have a number of concerns regarding the way in which victims will apply for and receive compensation, including in terms of effective access to court for vulnerable members of society who live far from the one court authorised to receive cases, and the documents needed to make a claim. These comments were submitted to the Committee of Ministers of the Council of Europe under Rule 9(2) of the Committee of Minsters Rules for the 1115th human rights meeting on 7-9 June 2011.

Submission to the Committee of Ministers: Kiladze CoM subs 30.5.11