CEDH · CASELAW;COMMUNICATEDCASES;ENG — 20 novembre 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 11 December 2023   FIFTH SECTION Application no. 52256/22 Ioseb GOGASHVILI against Georgia lodged on 2 November 2022 communicated on 20 November 2023 SUBJECT MATTER OF THE CASE The application concerns, under Articles 3 and 5 § 1 of the Convention the arrest and alleged ill-treatment of the applicant, a former high-ranking official of the Ministry of the Interior. In particular, the applicant alleges that he was arrested on 16 July 2022 at around 1.30 a.m. and not at 1.30 p.m. as noted in the report on his arrest, and that the police used unnecessary force as a result of which he sustained various injuries. QUESTIONS TO THE PARTIES 1.     Has the applicant been subjected to inhuman or degrading treatment, in breach of Article   3 of the Convention?   2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph   131 of Labita v.   Italy [GC], no.   26772/95, ECHR   2000-IV), did the domestic authorities carry out an effective investigation into the applicant’s allegations of ill-treatment as required under Article 3 of the Convention?   3.     Was the applicant deprived of his liberty in breach of Article   5 §   1 of the Convention? In particular, did the deprivation of his liberty during the period between 1.30 a.m. and 3.30 p.m. on 16 July 2022, that is until the moment when an official record of his arrest was drawn up, fall within paragraph (c) or any other subparagraphs of this provision?