The tragic incident in Batumi confirms the inaction of state structures and the violation of obligations related to the right to life, the Georgian Young Lawyers’ Association (GYLA) stated in response to the fatal accident in the so-called Dream Town area of Batumi.
GYLA’s statement claims that multiple local sources indicate that the area was neither fenced nor marked with warning signs to inform both adults and children about the potential dangers.
“On February 15, 2025, in Batumi, in the so-called ‘Dream Town’ area (near Fr. Khalvashi Avenue No. 188, according to the municipality), two young children died after falling into a water-filled trench.
“GYLA extends its condolences to the families of the victims and believes that this incident cannot be considered merely an unfortunate accident. This tragedy highlights the inaction of state institutions and the violation of obligations related to the right to life. Reports from locals indicate that the area was not secured, and no warning signs were present to alert both adults and children of the potential dangers. This demonstrates the state’s failure to fulfill its positive obligations regarding the right to life.
“Furthermore, it is alarming that media representatives were hindered in their attempts to report on the incident. Specifically, Sulkhan Meskhi, the founder of ‘Ajara Times,’ and Jaba Ananidze, a journalist from ‘Batumelebi,’ faced pressure from supporters organized by the ruling party, Georgian Dream, while carrying out their professional duties.
“Ensuring the safety of individuals in public spaces is a fundamental duty of the state. The right to life imposes a positive obligation on the state to protect people under its jurisdiction. This includes addressing risks associated with construction sites, buildings, and other public or private activities that could endanger lives.
“The state’s obligation to protect the right to life requires not only refraining from illegal and intentional deprivation of life but also taking proactive measures to safeguard individuals under its jurisdiction. This responsibility extends beyond protecting specific individuals from immediate threats and includes ensuring public safety on a broader scale. It encompasses various sectors, including construction and infrastructure safety.
“The state must establish an operational system, both in legislation and enforcement, to protect the lives of individuals under its jurisdiction. These measures should be tailored to specific activities and potential risks to human life. In this case, given that construction was taking place in the vicinity of ‘Dream City,’ it was foreseeable and predictable that open trenches posed a danger to residents. Therefore, the state had a duty to implement protective measures.
“The state’s responsibility to protect the right to life includes not only taking reasonable steps to ensure individual safety but also providing effective mechanisms for victims to seek justice in cases of serious injury or death. This involves determining the factual circumstances, holding perpetrators accountable, and ensuring legal remedies for affected individuals.
“According to the Ministry of Internal Affairs, an investigation has been launched under Article 116 of the Criminal Code – negligent homicide [punishable by house arrest for six months to two years or imprisonment for two to four years; if committed against two or more persons, punishable by three to five years of imprisonment]. However, it is concerning that the Prime Minister of ‘Georgian Dream’ made no mention of the investigation in his official statement, not even formally. This sends a political signal of inaction to already compromised investigative structures.
“Additionally, the Batumi municipality must take immediate action to ensure public safety by addressing similar open trenches in the area,” the statement concludes.
