The News in Brief
Wednesday, December 20, 2023
Prepared by Messenger Staff
European Court Finds Russia Guilty in Otkhozoria Murder Case, Orders 130,000 Euro Compensation
The European Court found a violation of Article 2 of the European Convention on Human Rights (right to life) in the case of Giga Otkhozoria's murder and ordered Russia to pay compensation of 130,000 euros to Otkhozoria's family.
The European Court also determined a violation of Article 38, as the Russian Federation failed to submit the relevant criminal case materials to the court.
The decision in the case of Matkava and Others v. Russia (no. 3963/18) was rendered on December 19 by the European Court of Human Rights.
On May 19, 2016, Giga Ochtozoria was killed near the administrative border between Georgia and the Abkhazia region, within the controlled territory of Georgia. The perpetrator, a so-called Abkhaz 'border guard' named Rashid Kanji-Oghli, was responsible for his death.
The family members appealed to the European Court of Human Rights on January 11, 2018.
Venice Commission Deems Prime Minister's Role in Appointing and Dismissing Anti-Corruption Bureau Head 'Problematic'
The Venice Commission has adopted an opinion on the provisions of the law in the fight against corruption concerning the Anti-Corruption Bureau. According to their assessment, the bureau cannot function as an independent entity, given that its head is appointed by the Prime Minister, and they deem it problematic.
The Venice Commission received a request from Parliament Chairman Shalva Papuashvili on September 22, 2023, to prepare a report regarding the anti-corruption bureau.
"In this opinion, the Venice Commission outlines that independence with an adequate level of structural and operational autonomy, involving legal and institutional arrangements to prevent political or other influence is considered a fundamental requirement for specialised anti-corruption bodies. In this respect, various positive features of the new provisions of the Law have been noted, in particular the fact that the ACB has been established as a separate structure with a high degree of financial independence. Nevertheless, the Venice Commission finds that the current institutional design does not provide for a sufficient degree of independence of the ACB and considers that its competencies to oversee the financing of political parties and monitor asset and interest declarations of high-level officials require additional safeguards to be included in the Law. In this connection, the fact that the appointment and dismissal of the head of the ACB is to a large extent in the hands of the Prime Minister is particularly problematic," the opinion reads.
European Court Finds Russia Guilty in Otkhozoria Murder Case, Orders 130,000 Euro Compensation
The European Court also determined a violation of Article 38, as the Russian Federation failed to submit the relevant criminal case materials to the court.
The decision in the case of Matkava and Others v. Russia (no. 3963/18) was rendered on December 19 by the European Court of Human Rights.
On May 19, 2016, Giga Ochtozoria was killed near the administrative border between Georgia and the Abkhazia region, within the controlled territory of Georgia. The perpetrator, a so-called Abkhaz 'border guard' named Rashid Kanji-Oghli, was responsible for his death.
The family members appealed to the European Court of Human Rights on January 11, 2018.
Venice Commission Deems Prime Minister's Role in Appointing and Dismissing Anti-Corruption Bureau Head 'Problematic'
The Venice Commission received a request from Parliament Chairman Shalva Papuashvili on September 22, 2023, to prepare a report regarding the anti-corruption bureau.
"In this opinion, the Venice Commission outlines that independence with an adequate level of structural and operational autonomy, involving legal and institutional arrangements to prevent political or other influence is considered a fundamental requirement for specialised anti-corruption bodies. In this respect, various positive features of the new provisions of the Law have been noted, in particular the fact that the ACB has been established as a separate structure with a high degree of financial independence. Nevertheless, the Venice Commission finds that the current institutional design does not provide for a sufficient degree of independence of the ACB and considers that its competencies to oversee the financing of political parties and monitor asset and interest declarations of high-level officials require additional safeguards to be included in the Law. In this connection, the fact that the appointment and dismissal of the head of the ACB is to a large extent in the hands of the Prime Minister is particularly problematic," the opinion reads.