ECtHR Finds Georgia Violated Rights of Activists Over 2020 Firewood Arrests
The European Court of Human Rights (ECtHR) found that Georgia violated the rights to fair trial and freedom of assembly in the case of two Shame Movement activists detained during the post-election protests in 2020.
Two activists, Giorgi Mzhavanadze and Nodar Rukhadze, were arrested on November 9, 2020, before the start of a COVID-19 curfew, on administrative charges of petty hooliganism and disobedience to the lawful order of police. One of them reportedly tried to supply firewood to protesters near the Parliament to help them stay warm. Mzhavanadze was sent to a 3-day administrative detention, while Rukhadze was fined GEL 1,500 (about USD 550).
The ECtHR found a violation of the right to a fair trial in Rukhadze’s case only and a violation of the right to freedom of assembly in both cases. The applicants argued, among other things, that domestic courts gave undue weight to police officers’ statements, effectively placing the burden of proof on them. They also claimed that their arrest and subsequent administrative penalties amounted to interference with their rights to freedom of expression and freedom of assembly.
The ECtHR further ordered Georgia to pay Rukhadze EUR 529 for pecuniary damage and EUR 1,600 for non-pecuniary damage, and EUR 1,200 to the first applicant in respect of non-pecuniary damage.
“Maybe one day, these Strasbourg judgements will help build better police, courts, stronger human rights standards – and a better Georgia,” lawyer Eduard Marikashvili, who represented the applicants’ interests before the court, wrote on social media.
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