The Special Investigation Service Will Delve Into the Case of Temirlan Machalikashvili

The Committee of Ministers of the Council of Europe discussed the enforcement of decisions by the European Court of Human Rights regarding the Tsintsabadze Group cases. These cases involve instances of murder, torture, and ill-treatment by law enforcement officials, as well as the ineffective investigation of these incidents, leading to violations of Articles 2 (right to life) and 3 (prohibition of torture) of the Convention.

For 11 months, the Social Justice Center representing Temirlan Machalikashvili's family's interests, has been unsuccessfully urging the Special Investigation Service to reopen the investigation into the case of Temirlan Machalikashvili's death, thus fulfilling the decision of the European Court. On March 20, the human rights organization issued a statement affirming that the decision of the Committee of Ministers of the Council of Europe aligns with their demands.

The Committee of Ministers expressed deep concern over the prolonged investigation of several cases included in the Tsintsabadze Affairs group, including Machalikashvili's case, and strongly urged the government to implement all necessary measures for their prompt and thorough completion. Additionally, the committee called on the state to provide the committee with comprehensive information on the steps taken and planned to remove the obstacles encountered during the investigation of the mentioned cases.

The committee specifically urged the state to instruct the Special Investigation Service to promptly review the materials of Machalikashvili's case in line with the European Court's decision's conclusions and to notify both the committee and the deceased's family about the decision to reopen the investigation.”

Today, March 21, the Special Investigation Service announced that they will examine the cases of the Tsintsabadze Group following the Committee of Ministers' recommendation.

“We would like to address the story circulating in several media outlets, where false information was presented suggesting that, according to the recommendation issued by the Committee of Ministers of the Council of Europe, the Special Investigation Service was directed to initiate a re-investigation in the case of Machalikashvili and others. This is not accurate. The Committee of Ministers of the Council of Europe discussed the enforcement of decisions by the European Court of Human Rights regarding the cases of the Tsintsabadze Group, which includes, among others, decisions related to the lawsuits of Machalikashvili and Others and Ochigava. The committee recommended that the Special Investigation Service, taking into account the conclusions of the Strasbourg court, should examine the materials of the criminal cases of Machalikashvili and Ochigava and consider the advisability of conducting a re-investigation. Accordingly, within the scope of the powers granted by law, the Special Investigation Service will make a legal and objective decision regarding the specified cases of the Tsintsabadze Group based on an analysis of the case materials and the decisions of the European Court, in accordance with the recommendations issued by the Committee of Ministers.

We would like to remind the public that on January 19, 2023, the European Court of Human Rights, in its decision in the case of Machalikashvili and others against Georgia, did not recognize a substantial violation and found a violation of Article 2 of the Convention in the procedural part. Regarding Ochigawa's case, in a decision dated February 23, 2023, the European Court of Human Rights found that there was a substantive and procedural violation of Article 3 (torture) of the Convention in connection with the ill-treatment committed by prison staff in 2011," the Special Investigation Service stated in the statement.

On December 26, 2017, 19-year-old Temirlan Machalikashvili was fatally shot in the head by special forces in the bedroom of his house during a special operation in the Pankisi Valley. The State Security Service accused Temirlan Machalikashvili and several other people living in the Pankisi valley of helping Akhmed Chataev, recognized as an international terrorist, and his group. However, the wounded Machalikashvili died on January 10, 2018, without being charged. The rest were arrested. The court found them guilty and sentenced them to prison.

The Prosecutor's Office was conducting an investigation into the fatal wounding of Temirlan Machalikashvili under Section 3 of Article 333 of the Criminal Code, which implies the possible excess of official powers by violence, however, on January 25, 2020, the investigation was terminated due to the absence of a criminal motive. On March 27, 2020, the Public Defender applied to the General Prosecutor's Office with a request to renew the case and conduct a full investigation into the fact of the violation of Temirlan Machalikashvili's life. The General Prosecutor's Office did not meet the request of the Public Defender.

On January 19, 2023, the European Court of Human Rights found a procedural violation of the right to life by the state in the case of Machalikashvili and others versus Georgia. The decision of the European Court mentions the flaws and shortcomings that existed during the investigation of the case involving the violation of Temirlan Machalikashvili's life.