CEDH · CASELAW;COMMUNICATEDCASES;ENG — 31 août 2015

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left }     Communicated on 31 August 2015   FOURTH SECTION Application no. 6926/10 Irakli ABASHIDZE against Georgia lodged on 21 January 2010 STATEMENT OF FACTS 1.     The applicant, Mr Irakli Abashidze, is a Georgian national, who was born in 1995 and lives in Batumi. He is represented before the Court by Mr   G. Ghoghoberidze and Ms N. Andghuladze, lawyers practising in Batumi. 2.     The facts of the case, as submitted by the applicant, may be summarised as follows. 3.     On 8 August 2009 the applicant, aged fourteen, was arrested for theft. In particular, he was accused of stealing a mobile telephone and certain other belongings from a person, causing pecuniary damage of 200 Georgian Laris (some 90 Euros). 4.     On 11 August 2009 the Batumi City Court, allowing the public prosecutor’s request, ordered the applicant’s detention on remand for the period of two months. The court rejected the request for bailing out the applicant for 7,000 Georgian Laris (some 3,600 Euros), which had been made by applicant’s advocate. The advocate’s reference to the applicant’s minor age and the fact that he suffered from a medically confirmed psychiatric condition of mental retardation were not entertained by the court as arguments militating in favour of the applicant’s release pending trial. 5.     On 15 August 2009 the Kutaisi Regional Court, similarly dismissing the advocate’s request for bail on account of the applicant’s mental health and his minor age as well as the insignificance of the damage caused by the impugned offence, upheld the detention order of 11 August 2009. 6.     On 10 September 2009 a forensic-psychiatric examination commissioned by the investigator of the case opined that, given the applicant’s mental problems and certain other circumstances of the case, he could not be held legally responsible for the fact of theft impugned to him nor could he provide any meaningful cooperation with the investigation. 7.     On 23 December 2009 the applicant’s advocate requested that the applicant’s pre-trial detention be replaced with a non-custodial preventive measure. This request was not examined. 8.     On 7 January 2010 the Batumi City Court opened a trial, during which the applicant, acting through his advocate, agreed to plead guilty in exchange for the prosecutor’s recommendation for a light sentence. The plea bargain was endorsed by the City Court on the same day, and the applicant, receiving a suspended prison term as a sentence, was released from the courtroom immediately. 9.     Overall, the applicant spent in pre-trial detention almost five months.   COMPLAINTS 10.     The applicant complains, citing Article 5 of the Convention, that it was unreasonable for the domestic courts to remand him, a mentally ill child, in pre-trial custody.     QUESTIONS TO THE PARTIES Was the applicant’s continued detention on remand in conformity with the requirements of Article 5 § 3 of the Convention? In particular, were the grounds given in the detention order of 22 June 2007 of the President of the Tbilisi Court of Appeal “relevant” and “sufficient” to justify the deprivation of liberty?