Parliament Speaker: Strasbourg ruling on Tbilisi rally dispersal shifts questions toward EU, Germany

The decision issued by the Grand Chamber of the European Court of Human Rights (ECHR) on the dispersal of rallies in central Tbilisi in 2019 “did not introduce any significant new elements”, Georgian Parliament Speaker Shalva Papuashvili said on Friday, adding that the focus should now shift to the European Union and Germany, where then Interior Minister and opposition leader Giorgi Gakharia currently resides.

Papuashvili noted that it was the ECHR’s earlier judgment - now upheld by the Grand Chamber - that prompted the Georgian Prosecutor’s Office to launch an additional investigation. “Based on that ruling, and considering all circumstances uncovered during investigative actions, charges were brought against Giorgi Gakharia. He was also placed in pre-trial detention, and today he is hiding on EU territory,” Papuashvili stated.

“Therefore, questions are now directed toward the EU and specifically Germany, where he is staying. The Strasbourg Court’s decision is clear. The investigative service and the Prosecutor’s Office have fully fulfilled their obligations. The investigation is ongoing, and further circumstances may be revealed concerning an individual who is currently evading justice on EU territory,” he added.

“In my view, Brussels and Strasbourg need to clarify among themselves whether Brussels recognizes Strasbourg’s decisions and the obligation to conduct investigations arising from them.”

Papuashvili also criticized the reaction of Gakharia’s political party, saying its claims of vindication were unfounded.

 “I do not understand what exactly Gakharia’s party is celebrating in the Strasbourg ruling. They selectively quote phrases as if high-ranking officials had not issued orders on the use of special means. They claim the decision says Gakharia gave no such orders - but nothing of the sort appears in the ruling. The violation established by the Court was precisely that the issue had not been properly investigated. The Court instructed Georgia to conduct an effective investigation. That investigation later determined that some previously established facts were inaccurate,” Papuashvili said.

According to him, rather than exonerating Gakharia, the findings suggest the opposite - that “certain circumstances were concealed during the investigation conducted under his leadership,” which led to the violation identified by the Court.

The Grand Chamber of the European Court of Human Rights issued its judgment in Tsaava and Others v. Georgia, concerning the dispersal of an anti-government protest outside the Georgian Parliament on the night of 20-21 June 2019.

The Court found violations of Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment and failure to conduct an effective investigation) in respect of 24 applicants.
It also found violations of Article 10 (freedom of expression) for 14 applicants, and violations of Article 11 (freedom of assembly) in relation to 11 applicants.