20
GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
introduction of the application, the consequence of such misleading
procedural manipulations is obviously incompatible with the purpose of the
right of individual application (compare, for instance, with Poznanski and
Others v. Germany (dec.), no. 25101/05, 3 July 2007).
79. That being so, the part of the application lodged in the name of
Mr Tengiz Gogitidze is abusive for the purposes of Article 35 § 3 (a) in fine
of the Convention and must be rejected in accordance with Article 35 § 4.
II. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL No. 1 TO
THE CONVENTION
80. The applicants complained under Article 1 of Protocol No. 1 about
the confiscation of their property. This provision reads as follows:
“Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way impair the right of a State
to enforce such laws as it deems necessary to control the use of property in
accordance with the general interest or to secure the payment of taxes or other
contributions or penalties.”
A. Admissibility
81. The Court finds that these complaints are not manifestly ill-founded
within the meaning of Article 35 § 3 (a) of the Convention. It further notes
that they are not inadmissible on any other grounds. They must therefore be
declared admissible.
B. Merits
1. The Government’s submissions
82. At the outset the Government asked the Court to take note of the
scale of the corruption phenomenon that had been ravaging the country
prior to the launching of a vast array of anti-corruption measures by the
authorities in February 2004. The corrupt environment had been particularly
apparent in the Ajarian Autonomous Republic, in whose government the
first applicant had occupied high-ranking posts at the material time. On the
other hand, only a few years after the State had undertaken a number of
crucial legislative initiatives to bolster efforts to combat corruption, of
which administrative confiscation constituted a major part, a firm trend of
significant reduction in corruption could be readily observed, from 2006
onwards. In 2009 the Transparency International Corruption Perception