European Court of Human Rights
Begheluri and Others v. Georgia, no. 28490/02, 7 October 2014
“… the Court concludes that the relevant authorities were ineffective in preventing and stopping religiously motivated violence. Through the conduct of their agents, who either participated directly in the attacks on Jehovah’s Witnesses or by their acquiescence and connivance into unlawful activities of private individuals, the Georgian authorities created a climate of impunity, which ultimately encouraged other attacks against Jehovah’s Witnesses throughout the country. Furthermore, by an obvious unwillingness to ensure the prompt and fair prosecution and punishment of those responsible, the respondent Government failed to redress the violations, thereby neglecting the inherent preventive and deterrent effect in relation to future violations against Jehovah’s Witnesses … it was incumbent on the national authorities to fulfil their positive obligation not only to ensure that a legal framework was put in place to safeguard freedom of religion, but first and foremost, to guarantee that effective measures would be taken to implement that right … The Court therefore considers that, through their involvement, connivance or at least acquiescence, the relevant authorities failed in their duty to take the necessary measures to ensure that Jehovah’s Witnesses were able to exercise their right to freedom of religion. The attitude of the public authorities contributed to intensifying religious violence”
For information on other legal victories, please see below:
- Tretiak v. Ukraine, no. 16215/15, 17 December 2020 (ECHR).
- Migoryanu and Religious Community Jehovah’s Witnesses of the City of Izmail v. Ukraine, no. 36046/15, 12 November 2020 (ECHR).
- Kornilova v. Ukraine, no. 47283/14, 12 November 2020 (ECHR).
- Zagubnya and Tabachkova v. Ukraine, no. 60977/14, 12 November 2020 (ECHR).
- Gabunia and Others v. Georgia (dec.), no. 37276/05, 17 September 2017 (ECHR).
- Tsartsidze and Others v. Georgia, no. 18766/04, 17 January 2017 (ECHR).
- Members of the Gldani Congregation of Jehovah’s Witnesses and Others v. Georgia, no. 71156/01, 3 May 2007 (ECHR).
- Tsavachidis v. Greece (striking out) [GC], no. 28802/95, 21 January 1999 (ECHR).