Lawyer Davit Jandieri has stated on social media that Shalva Tadumadze’s planned complaint to the European Court of Human Rights (ECHR) will likely be deemed inadmissible due to the lack of jurisdiction on the matter.
Jandieri’s remarks follow Tadumadze’s announcement that he intends to challenge decisions by several European countries to ban his entry. Tadumadze currently serves as the Chair of the Supreme Court’s Criminal Chamber and was recently sanctioned by Lithuania.
Jandieri explained that Article 2 of Protocol No. 4 of the European Convention, which guarantees freedom of movement, does not grant individuals the right to obtain a visa or enter and reside in a specific country. Precedent cases such as Consorts Demir v. France (2006) and Makuc and Others v. Slovenia (2007) confirm that the Convention does not guarantee foreigners the right to enter, live, or remain in a particular state.
Thus, according to Jandieri, Tadumadze’s complaint will be deemed inadmissible on the grounds of ratione materiae incompatibility, meaning that the case falls outside the substantive jurisdiction of the ECHR.
