Myroslava Gongadze threatens to take the Ministry of Justice to court
Myroslava Gongadze, widow of murdered journalist Georgy Gongadze believes that the Judgment of the European Court of Human Rights in the case of Gongadze v. Ukraine has not been implemented and is calling on the Ministry of Justice to reverse its decision to end proceedings in the given case.
As Interfax – Ukraina reports, Myroslava Gongadze has sent an application to this effect addressed to the Minister of Justice.
The application states that the Ministry of Justice took the decision to close execution proceedings in accordance with the mandatory implementation of the European Court Judgment only on the basis of having paid compensation of 100 thousand Euros.
At the same time, Myroslava Gongadze points out that the Ministry failed to take into account the requirement in the Judgment for “a thorough and effective investigation capable of leading to the identification and punishment of those responsible for the deprivation of life”.
“I therefore consider that Point 4* of the Judgment of the European Court of Human Rights in the case of Gongadze v. Ukraine has still not been carried out, and therefore it is premature to pass such a decision as to completion of implementation of the Judgment”, the application stresses.
Myroslava Gongadze is therefore asking the Ministry of Justice to revoke the said decision, and in the event of their failure to do so, she will be seeking legal redress.
In November 2005 the European Court of Human Rights ordered the Ukrainian Government to pay Myroslava Gongadze 100 thousand Euros in respect of pecuniary and non-pecuniary damage, as well as costs and expenses.
The Court held that there had been a violation of Article 2 of the European Convention on Human Rights and Fundamental Freedoms, since the Ukrainian authorities had failed to protect the life of her husband Georgy, and had also not carried out the necessary investigation into his death.
* In fact the Court held that there had been a violation of three Articles of the European Convention on Human Rights – Article 2 (the right to life), Article 3 (the prohibition on torture, inhuman or degrading treatment) and Article 13 (the right to an effective remedy). It is the last that Myroslava Gongadze is referring to in her application, cf. Judgment in the case of Gongadze v. Ukraine:
“191. Given the fundamental importance of the right to the protection of life, Article 13 requires, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible for the deprivation of life, including effective access for the complainant to the investigation procedure (see Kiliç v. Turkey, cited above, § 91).”
Point 4 of the Judgment: (The Court unanimously …)
4 Holds that there has been a violation of Article 13 of the Convention;