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JAPARIDZE v. GEORGIA

Doc ref: 59385/18 • ECHR ID: 001-191606

Document date: February 11, 2019

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JAPARIDZE v. GEORGIA

Doc ref: 59385/18 • ECHR ID: 001-191606

Document date: February 11, 2019

Cited paragraphs only

Communicated on 11 February 2019

FIFTH SECTION

Application no. 59385/18 Zurab JAPARIDZE against Georgia lodged on 12 December 2018

SUBJECT MATTER OF THE CASE

The application concerns the administrative-offence proceedings against the applicant as a result of which he was fined 2,000 Georgian laris (GEL, approximately 700 Euros (EUR)) for the breach of public order and disobedience to police instructions. The proceedings in question ended with a final decision of an appellate court dated 12 June 2018. The applicant complains under Article 6 §§ 1 and 3 (a) and (b) that he was not informed promptly and in sufficient detail of the nature and cause of the accusation made against him, and that he was not given adequate time and facilities for the preparation of his defence.

QUESTIONS tO THE PARTIES

Assuming that Article 6 of the Convention is applicable to the administrative-offence proceedings under its criminal limb, did the applicant have a fair hearing in the determination of the criminal charges against him? In particular,

(a) Was the applicant informed promptly and in sufficient detail of the nature and cause of the accusation made against him, as required by Article 6 § 3 (a) of the Convention? Was he provided with the case materials before the trial?

(b) When was the applicant notified of the date and time of the hearing at the Tbilisi City Court, and was he afforded adequate time and facilities to prepare his defence, as required by Article 6 § 3 (b) of the Convention?

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