Enukidze and Girgvliani v. Georgia

Information Note on the Court’s case-law 140April 2011Enukidze and Girgvliani v. Georgia - 25091/07Judgment 26.4.2011 [Section II]Article 38Obligation to furnish all necessary facilitiesArticle 38 applicable even in absence of separate decision on admissibilityFacts – The case concerned the abduction, beating and killing in 2006 of the applicants’ son by a group of senior law-enforcement officers and the lack of an effective investigation and appropriate punishment. The applicants complained that the Government had submitted only part of the evidence necessary for the examination of the application, and even that had been done with a significant delay.Law – Article 38 § 1: Noting that Article 29 § 3 of the Convention, as that provision stood at the material time, had been applied at the time of communication of the present application, the Court considered that, in the consequent absence …