On behalf of Machalikashvili Family, the Human Rights Education and Monitoring Centre (EMC) submitted an application before the European Court of Human Rights.

In the application submitted, the applicants argue that there has been an alleged violation of the following article of the European Convention on Human Rights: Article 2 (Right to life); Article 3 (Prohibition of torture or to inhuman or degrading treatment or punishment ) and Article 13 (Right to an effective domestic remedy).

The applicants discuss the violation of the right to life from different perspectives, including:

  1. The applicants indicate that, the special operation of December 26, 2017 was planned without conducting relevant risk assessment and without taking sufficient measures to prevent and minimize the use of force.
  2. Disproportionate and unnecessary force was used against Machalikashvili. The applicant states that Temirlan Machalikashvili was lying horizontally for a gunshot moment. That fact is proved by the forensic reports, including the forensics conducted within the framework of the investigation. Based on the testimonies of witnesses, the special force entry into the room and the gunshot was simultaneous. For the gunshot moment, Temirlan Mchalikashvili was supposedly wearing the earphones that creates the reasonable doubt that he could not even realize what happened.
  3. The State failed to provide with timely medical assistance to the wounded Machalikashvili. He was transferred to the hospital 40 minutes later by the State Security Service cars and not by Ambulance.
  4. The ongoing investigation on Temirlan Machalikashvili case is not in accordance with independent, objective, effective and timely investigation standards. Due to the illegal intervention of the State Security Service, the validity of the evidence gathered was called into doubt even at the very early stage of the investigation. Among others, the destruction and replacement of the most important evidence (frag) was carried out in suspicious circumstances. The parents of Temirlan Machalikashvili have not been granted with a victim status yet and they have not access to the most important case evidence, including the testimonies of the special force officers and the plan of the special operation.
  5. The investigation process is being extended purposefully and regardless the fact that by the end of 2018 year, the investigation had gathered enough evidence to make a summarizing decision, it is not made up to now.

Beside Article 2 of the Convention, the applicants also argue on the facts of inhuman treatment against them when the special operation was being carried out and as well as on ineffectiveness of the investigation regarding the issue.

With regard to all core complaints, the applicants indicate the existing legal remedies on a domestic level are ineffective and the investigation failed to restore the violated rights.

An additional application will be lodged to the European Court of Human Rights regarding the violation of the presumption of innocence and the violation of the right to private life in Temirlan Machalikashvili case. The additional application will be sent after all the existing domestic remedies are exhausted. As society is aware, there is an ongoing proceeding with regard to this issue before the common court. The violation of presumption of innocence by the State Security Service is being litigated before the Court of Appeals of Georgia.

It has been more than one and a half year since the Machalikashvili family has been striving to achieve justice and to establish the truth on the fact of violating Temirlan Machalikashvili’s right to life. However, there has been neither legal outcome nor political recognition. They are victims of constant ignorance and dehumanized rhetoric from the side of government. Bearing on mind the above-mentioned circumstances, addressing the international legal instruments remains the sole remedy to restore the violated rights.

Along with the EMC, the European Human Rights Advocacy Centre (EHRAC) is representing the interests of the applicants before European Court of Human Rights. EHRAC is a London-based influential organization working on human rights.