Aghdgomelashvili and Japaridze v Georgia: a further step in the direction of Article 3’s dignitarian promise?

By Natasa Mavronicola (University of Birmingham) and Laurens Lavrysen (Human Rights Centre, Ghent University)

On 8 October 2020, the European Court of Human Rights delivered a judgment in the case of Aghdgomelashvili and Japaridze v Georgia. The case concerns a police raid on the office of an LGBT organization in Tblisi. During this raid, police officers subjected the applicants to homophobic and transphobic insults, threats, and humiliating strip-searches. In its judgment, the Court found both a substantive and a procedural violation of Article 3 (the right not to be subjected to torture and inhuman or degrading treatment or punishment) in conjunction with Article 14 ECHR (prohibition of discrimination). The present contribution will first discuss the facts of the case and the Court’s judgment, before zooming in on the relationship between discrimination and Article 3. We conclude that the judgment constitutes a welcome step in cementing the nexus between discrimination and the wrongs proscribed by Article 3 ECHR, and the significance of this interconnection. We argue, however, that a more principled approach to the question of substantive violation of Article 3 would recognise as degrading any humiliating treatment with a discriminatory motive or intent.

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