CASE OF KUKHALASHVILI AND OTHERS v. GEORGIA

FIFTH SECTION    CASE OF KUKHALASHVILI AND OTHERS v. GEORGIA (Applications nos. 8938/07 and 41891/07)  JUDGMENT Art 2 (substantive) • Indiscriminate and excessive use of lethal force during anti-riot operation in prison conducted in uncontrolled and unsystematic manner without clear chain of command • Use of lethal force justified by unlawful violence and risk of insurrection • Authorities’ failure to consider less violent means or possibility of negotiations • Ill-treatment and disproportionate use of force persisting after the end of the operation • Authorities’ failure to provide adequate medical assistance • Government’s failure to account for each of the relevant deaths • Court’s reliance on all material available, including NGO reports, when it is prevented from establishing facts for reasons attributable to StateArt 2 (procedural) • Investigation undermined by belated launch, lack …