The European Court of Human Rights (ECHR) awarded partial satisfaction to Georgian protesters in a highly publicized case involving a 2019 protest, due to procedural flaws in the handling of the case by the government. The protest, which took place in front of the Georgian Parliament in Tbilisi on June 20 and 21, 2019, was met with an excessive use of force by Georgian police during its dispersal. This culminated in the use of rubber bullets, resulting in a slew of allegations from the 26 applicants involved, which included both demonstrators and journalists alike.
The case centered around five specific articles of the European Convention on Human Rights. These spanned a variety of issues, from the prohibition of inhuman and degrading treatment (Article 3), the Freedom of Expression (Article 10), and the Freedom of Assembly and Association (Article 11), to the right to an effective remedy (Article 13) and the adequate Examination of the Case (Article 38).
The ECHR only found a partial violation of Article 3, which regards inhuman and degrading treatment. The protestors had argued that the use of rubber bullets during the protest was unjustified, in addition to complaining about the lack of an effective criminal investigation following the incident. The court agreed with the protestors about the procedural aspects of Article 3, highlighting that “the ongoing criminal investigation has fallen short of the requirement of effectiveness.”
In relation to Articles 10 and 11, the court did not find any violations, stating that the investigation by the Georgian authorities is still underway. With respect to Article 38, no violation was found despite allegations that the Georgian government failed to keep the court updated on developments pertinent to the case.
The 2019 protests were sparked by a member of the Russian Duma sitting in the chair reserved for the speaker of the Georgian Parliament and addressing the assembly. Given the tenuous relations between Russia and Georgia, this action ignited the ire of many Georgians and led to the controversial protest. As a penalty for the procedural wrongs committed during the government’s handling of the protest, Georgia was required to pay damages of up to €15,000 to four of the applicants, €5,000 to 18 applicants, and €1,800 to two applicants.
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