Month: April 2026
The European Court of Human Rights (ECtHR) found that Georgia failed to effectively investigate allegations of sexual abuse of a child by her stepfather, in a case the applicant’s representative organizations said is the first ECtHR decision on Georgia concerning sexual violence.
In a March 31 ruling, the ECtHR unanimously held that Georgia violated Article 3 (prohibition of torture and inhuman or degrading treatment) and Article 8 (right to respect for private and family life) of the European Convention on Human Rights, and ordered it to pay the applicant €10,000 in non-pecuniary damages.
The Court found that the criminal investigation into the allegations of sexual abuse of a minor was “ineffective and liable to cause her additional and unwarranted distress,” citing investigative authorities’ “inactivity,” “inconclusiveness of the investigation,” and their “persistent failure – or possible unwillingness – to properly investigate the serious allegations against the applicants’ stepfather,” as well as “the lack of meaningful involvement of the applicant in the proceedings as a recognised victim.”
The case X v. Georgia concerned a Georgian national born in 2005. In May 2021, at age 13, she told police that she had been sexually abused by her stepfather, triggering a criminal investigation that included interviews with her, her mother, and her stepfather, as well as the collection of psychological, medical, and other evidence.
While acknowledging that Georgia’s domestic legal framework for combating sexual abuse was “adequate,” the ECtHR found that the criminal investigation into the allegations had been “ineffective,” noting that it “remained stagnant” for almost five years and that “the reasons for this prolonged inaction remain unclear.”
In May 2021, prosecutors declined to grant the minor victim status, explaining that the investigation was in its “early stages” and that “further investigative measures needed to be taken.” In March 2022, Tbilisi City Court also rejected the lawyer’s appeal to grant the minor victim status, finding that the evidence collected at that time “was not sufficient to establish with certainty that a criminal offence had been committed.” The ECtHR said it is “particularly concerned” by this decision of the Tbilisi court.
The ECtHR noted that the authorities’ refusal to record the applicant’s additional statement, “which could potentially implicate the perpetrator in a penetrative sexual offense, further undermines the credibility of the investigation.”
The Court highlighted further shortcomings in the investigation, including issues related to the gynecological examination and the wording of some questions used during the investigation.
The Court dismissed a complaint under Article 14, in which the applicant alleged that deficiencies in the investigation constituted discrimination based on sex. The Court said the applicant had failed to present any evidence that would suggest that the investigative failures disproportionately affected underage girls compared with underage boys
Speaking at a press conference on April 1, Baia Pataraia, head of Sapari, the Georgian human rights organization that represented the applicant before the Court, said the ruling was the ECtHR’s first-ever decision concerning sexual violence in Georgia.
Pataraia said the minor had been unable to prove her case in Georgia despite prolonged efforts and was forced to turn to the Strasbourg Court. She also stressed the role of civil society organizations in such cases, noting that Sapari is among the groups whose bank accounts had been frozen by authorities as part of an ongoing “sabotage” investigation, leaving it with limited resources to continue work.
Also Read:
- 26/03/2026 – CoE Committee of Ministers: 77 ECtHR Cases Against Georgia Pending Execution
- 11/12/2025 – ECtHR Grand Chamber Rules Georgia Violated Three Rights in 2019 ‘Gavrilov’s Night’ Crackdown
- 18/07/2025 – UN Committee Calls on Georgia to Suspend Court Order Seeking NGO Beneficiary Data
- 27/06/2024 – UN Committee Finds Georgia Failed to Protect Children Against Violence, Abuse in Church-Run Orphanage
