ECHR Finds Violation of Freedom of Assembly and Expression in Chkhartishvili v. Georgia Case

The European Court of Human Rights (ECtHR) has found a violation of the right to freedom of assembly and expression in the case of Chkhartishvili v. Georgia. The case pertains to a protest that took place on November 29, 2019, outside the National Parliamentary Library of Georgia. The demonstration was attended by opposition politicians, civil society activists, and citizens who were expressing their discontent over the Parliament’s failure to adopt constitutional amendments.

During the protest, the applicant, Chkhartishvili, engaged in disruptive behavior by throwing beans at police officers while verbally criticizing them, calling them “slave gruel for the police.” As a result, he was promptly arrested and taken to the Tbilisi police station on allegations of committing offenses under the Code of Administrative Offences.

Chkhartishvili raised concerns about his right to a fair trial (art. 6), claiming that his removal from the courtroom and limited access to his lawyer hindered his defense. He also argued that the trial court heavily relied on statements from police officers. However, the ECtHR examined the case and found no evidence supporting Chkhartishvili’s claim of hindered contact with his lawyer. The applicant’s disruptive behavior justified his removal from the courtroom, while his representative remained present and participated in the proceedings. The trial court provided enough time for the defense to prepare. The Court concluded that the proceedings complied with Article 6 of the Convention, dismissing Chkhartishvili’s complaints as unfounded.

The Court found the complaints admissible and classified them primarily under Article 11, with consideration of Article 10. It emphasized that the right to freedom of assembly, like freedom of expression, is a fundamental pillar of a democratic society.

The Court recognized that Chkhartishvili’s participation in protest constituted a form of political expression and contributed to public debate. It concluded that strong reasons would be necessary to justify any restriction on the applicant’s expression of his opinions during the protest.

However, the Court observed that the applicant’s conduct went beyond verbal expression when he threw beans at police officers while making derogatory remarks, likening them to “slaves.” While public servants acting in an official capacity are subject to broader limits of acceptable criticism, physical acts of aggression toward them, even if not aimed at causing harm, should be subjected to greater scrutiny. The Court emphasized the need to protect public servants from offensive and abusive attacks in the course of their duties.

In its judgment, the Court concluded that the applicant’s complaints should be examined solely under Article 11, however considered in the light of Article 10. It highlighted the limited discretion of states in punishing illegal conduct related to expression or association and the need for particular scrutiny because “the imposition of a sanction, however lenient, on a person expressing his or her opinion can have an undesirable chilling effect on public speech”.

The Court recognized that Chkhartishvili’s attendance at the demonstration was primarily a means of protesting against the lack of legislative reforms, and that his actions were non-violent and did not cause harm or escalate the situation. Although the Court did not approve of the manner in which the applicant expressed his views, it found that the domestic courts had not provided sufficient justification for the custodial sanction imposed, as they had failed to adequately consider the context of exercising fundamental freedom and the proportionality of the measure. Consequently, the Court concluded that there had been a violation of Article 11 of the Convention in light of Article 10.

As a result of the ruling, the State has been ordered to pay the applicant EUR 1,200 in non-pecuniary damages within three months from the date when the judgment becomes final.

Also Read:

• 05/07/2022 –  ECHR Accepts Tbilisi Pride’s July 5 Case

This post is also available in: ქართული (Georgian) Русский (Russian)