CEDH · CASELAW;CLIN;ENG — 7 mai 2024

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Legal summary September 2024 Tsaava and Others v. Georgia (referral) - 13186/20, 16757/20, 20129/21 et al. Judgment 7.5.2024 [Section V] Article 3 Degrading treatment Inhuman punishment Effective investigation Alleged use of excessive police force resulting in injury of demonstrators and journalists during dispersal of demonstration in front of Parliament; alleged ineffective ongoing criminal investigation: case referred to the Grand Chamber Article 10 Article 10-1 Freedom of expression Alleged use of excessive police force resulting in injury of demonstrators and journalists during the dispersal of demonstration in front of the Parliament: case referred to the Grand Chamber Article 11 Article 11-1 Freedom of peaceful assembly Alleged use of excessive police force resulting in injury of demonstrators and journalists during the dispersal of demonstration in front of Parliament: case referred to the Grand Chamber Article 13 Effective remedy Alleged lack of effective remedies in relation to alleged use of excessive police force resulting in injury of demonstrators and journalists during the dispersal of demonstration in front of Parliament: case referred to the Grand Chamber Article 38 Obligation to furnish all necessary facilities Alleged use of excessive police force resulting in injury of demonstrators and journalists during the dispersal of   demonstration in front of Parliament: case referred to the Grand Chamber The case concerns the dispersal of a large-scale demonstration in June 2019 from the front of the Parliament building in Tbilisi. The protest was sparked by a prominent member of the Russian Duma’s sitting in the Speaker’s chair in the Georgian Parliament and delivering a speech in Russian as part of a session of the Interparliamentary Assembly on Orthodoxy. The applicants were either demonstrators or journalists injured during the dispersal from the allegedly excessive use of force by the police – predominantly when firing rubber bullets and in some cases when using physical force. In a judgment delivered on 7   May 2024 a Chamber of the Court found, unanimously, a violation of the procedural aspect of Article   3 in respect of 24   applicants. It refrained, by six votes to one, from taking a decision regarding the merits of the substantive aspect of Article   3. In that connection, emphasising the importance of the principles of subsidiarity and shared responsibility, it held that there was a need for further elucidation of factual elements at domestic level and that the capacity of the investigation to assess the circumstances of the case and draw appropriate conclusions had not been irretrievably undermined. It was thus firstly for the domestic authorities, rather than for the Court, to properly evaluate the evidential material already gathered. The Court also refrained, by six votes to one, from taking a decision regarding the admissibility and merits of the complaints under Article   10 and Article   11 on similar grounds. Lastly, the Court held, unanimously, that the respondent State had complied with its obligations under Article 38. The Chamber indicated individual measures under Article   46 in relation to the ongoing investigation. The case was referred to the Grand Chamber on 23   September 2024 at the request of the applicants in four of the applications.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. To access legal summaries in English or French click here . For non-official translations into other languages click here .