26
GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
Furthermore, the Court reiterates that the “lawfulness” requirement
contained in Article of Protocol No. 1 cannot normally be construed as
preventing the legislature from controlling the use of property or otherwise
interfering with pecuniary rights via new retrospective provisions regulating
continuing factual situations or legal relations anew (see Azienda Agricola
Silverfunghi S.a.s. and Others, cited above, § 104, 24 June 2014; Arras and
Others v. Italy, no. 17972/07, § 81, 14 February 2012; Huitson v. the United
Kingdom (dec.), no. 50131/12, §§ 31-35, 13 January 2015; and Khoniakina,
cited above, § 74). It finds no reason to find otherwise in the present case.
100. The Court therefore finds that the forfeiture of the applicants’
property was in full conformity with the “lawfulness” requirement
contained in Article 1 of Protocol No. 1.
(ii) Legitimate aim
101. As regards the legitimacy of the aim pursued by the impugned
confiscation, the Court observes that the measure formed an essential part of
a larger legislative package aimed at intensifying the fight against
corruption in the public service (see paragraphs 49, 82 and 83 above).
Having regard to the domestic legal framework (see paragraphs 52-54 and
85 above), it is evident that the rationale behind the forfeiture of wrongfully
acquired property and unexplained wealth owned by persons accused of
serious offences committed while in public office and from their family
members and close relatives was twofold, having both a compensatory and a
preventive aim.
102. The compensatory aspect consisted in the obligation to restore the
injured party in civil proceedings to the status which had existed prior to the
unjust enrichment of the public official in question, by returning wrongfully
acquired property either to its previous lawful owner or, in the absence of
such, to the State. This was, for instance, a consequence of the proceedings
in rem in the present case, where one of the houses in the first applicant’s
wrongful possession turned out to have been obtained from a third party as
the result of duress; that third party, a private individual, then acquired
entitlement to benefit from the confiscation of that particular property (see
paragraphs 34 and 36 above, as well as the Court’s judgment in the case of
Tchitchinadze, cited above, §§ 9, 13 and 16). The aim of the civil
proceedings in rem was to prevent unjust enrichment through corruption as
such, by sending a clear signal to public officials already involved in
corruption or considering so doing that their wrongful acts, even if they
passed unscaled by the criminal justice system, would nevertheless not
procure pecuniary advantage either for them or for their families (see,
mutatis mutandis, Raimondo, cited above, § 30; Veits, cited above, § 71; and
Silickienė v. Lithuania, no. 20496/02, § 65, 10 April 2012).
103. The Court accordingly finds that the forfeiture measure in the
instant case was effected in accordance with the general interest in ensuring