Former Deputy Justice Minister, Tina Burjaliani on 27 September commented on the situation in the village of Dvani at the administrative border between Georgia and its breakaway region of South Ossetia. Burjaliani said that the Georgian government can inform the European Court about the issue and request the Court to take temporary measures.
"First of all, when the Georgian government appealed the European Court on 11 August, 2008 and requested taking temporary measures, on 12 August the European Court already made the decision imposing on both sides to act in accordance with the Convention and demanded to be regularly informed about the situation. The temporary measure was prolonged several times. Last time it was prolonged in November 2008, and it is still in force," Burjaliani said "on the one hand, the Georgian government has an opportunity to inform the European Court that the temporary measures have been violated. I assume, that this temporary measure has not been annulled. Even if it has been annulled, Georgia, in accordance with the European Convention, can appeal the European Court and demand taking temporary measures, which will enable Tbilisi to strengthen its arguments on diplomatic or other forums," Burjaliani added.
According to Burjaliani, Articles 2 and 3 are being violated by the events taking place in the village of Dvani. "Article 2 protects the right to life, and Article 3 prohibits degrading treatment. There is a well-established judicial precedence, especially with regards to Turkey, when the court ruled that when the living places of the persons are being destroyed in front of their eyes, this is regarded as a violation of Article 3. This is important, because in case of violation of Article 2 or 3 of the Convention, the European Court imposes temporary measures on its member states. Thus, according to what we are seeing in Dvani, we can speak about the possible violation of several Articles of the Convention. However, when it comes to immediate reaction from the international organizations, including the European Court, it is very important that the violation of such Articles as Article 2 and 3 are confirmed," Burjaliani said, adding that she hopes the government of Georgia will use the existing legal levers in terms of the situation at the administrative borderline with South Ossetia.