(nos. 29760/21 and 33931/21)
The applicants, Giorgi Mzhavanadze and Nodar Rukhadze, are Georgian nationals who were born in 1993 and 1996 respectively, and live in Tbilisi. They are founding members of the Shame Movement, a non-governmental organisation aimed at supporting “Georgia’s democratic development and the process of its integration in the Euro-Atlantic space, protecting human rights, aiding the implementation of fair and free elections, raising civic awareness and informing citizens”.
The case concerns the applicants’ arrest in November 2020 at a demonstration following the parliamentary elections of that year. They were arrested near the parliament building and charged with disobedience to the lawful orders of the police. Mr Mzhavanadze was sanctioned by three days' administrative detention, Mr Rukhadze was fined.
Relying on Articles 6 (right to a fair trial), 10 (freedom of expression) and 11 (freedom of assembly and association) of the European Convention, the applicants complain, in particular, of their arrest and conviction for demonstrating; and that the administrative-offence proceedings against them were unfair, in particular that the burden of proof fell on them. Mr Mzhavanadze also complains, under Article 2 of Protocol No. 7 (right of appeal in criminal matters), that the appellate court had not examined the merits of his appeal:
No violation of Article 6 in respect of the first applicant
Violation of Article 6 in respect of the second applicant
Violation of Article 11 in respect of both applicants
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