GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
1
In the case of Gogitidze and Others v. Georgia,
The European Court of Human Rights (Fourth Section), sitting as a
Chamber composed of:
Päivi Hirvelä, President,
George Nicolaou,
Ledi Bianku,
Nona Tsotsoria,
Paul Mahoney,
Krzysztof Wojtyczek,
Faris Vehabović, judges,
and Françoise Elens-Passos, Section Registrar,
Having deliberated in private on 14 April 2015,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 36862/05) against Georgia
lodged with the Court under Article 34 of the Convention for the Protection
of Human Rights and Fundamental Freedoms (“the Convention”) by four
Georgian nationals, Mr Sergo Gogitidze (“the first applicant”), Mr Anzor
Gogitidze (“the second applicant”), Mr Tengiz Gogitidze (“the third
applicant”) and Mr Aleksandre Gogitidze (“the fourth applicant”), on 4 July
2005.
2. The applicants were represented by Mr K. Kobakhidze, a lawyer
practising in Tbilisi. The Georgian Government (“the Government”) were
represented by their Agent, Mr L. Meskhoradze, of the Ministry of Justice.
3. The applicants alleged, in particular, that a court-imposed confiscation
measure amounted to a violation of Article 1 of Protocol No. 1 to the
Convention.
4. On 9 November 2009 the Government were given notice of the
application.
5. On 22 June 2010 the Court was informed for the first time that the
third applicant had died on 7 May 2005, prior to the introduction of the
present application in his name.
6. On 14 April 2105 the Court decided to dispense with a hearing.