Communicated on 14 December 2017

FIFTH SECTION

Application no. 64540/12 Mariam METREVELI and others against Georgia lodged on 5 October 2012

STATEMENT OF FACTS

A list of the applicants is set out in the appendix.

A. The circumstances of the case

The facts of the case, as submitted by the applicants, may be summarised as follows.

On 9 February 2012 M. Metreveli (“the first applicant”) made a donation/contribution to a then non-commercial entity, Georgian Dream national movement (“Georgian Dream”) in the amount of 10,000 Georgian laris (GEL).

On 13 February 2012 V. Edisherashvili (“the second applicant”) made a donation/contribution to Georgian Dream in the amount of GEL 10,000.

On 6 February 2012 T. Chitaia (“the third applicant”) and B. Mumlauri (“the fourth applicant”) made a donation/contribution to Georgian Dream in the amount of GEL 5,000 and 10,000 respectively.

By a decision of 12 March 2012 the Financial Monitoring of Political Parties Service of the State Audit Office of Georgia found the applicants liable for administrative offences under the Political Associations of Citizens Act. In particular, they were found liable of making a contribution through another person or otherwise circumventing the restrictions prescribed in law. The first, second and fourth appl icants were issued fines of GEL 100,000 (approximately 44,000 euros (EUR)) and the third applicant was issued a fine of GEL 50,000 (approximately EUR 22,000).

On 13 March 2012 the State Audit Office of Georgia requested that Georgian Dream return the contributions to the contributors which request was complied with.

The applicants challenged the decisions of the State Audit Office of Georgia in a court. By decisions of 26 March 2012 the Tbilisi City Court found the applicants guilty as charged. Due to the applicants ’ failure to verify the source and lawfulness of the contribution, the court found that the applicants were liable of the abovementioned administrative offence.

The applicants appealed. By decisions of 6 April 2012 the Tbilisi Court of Appeal dismissed the applicants ’ appeals and upheld the decisions of the Tbilisi City Court in full.

B. Relevant domestic law

Under section 26(1)(a 1 ) of the Political Associations of Citizens Act, as in force at the material time, it was forbidden to receive financial or material contributions from legal entities, associations of legal entities or from any other type of organisational formation.

Under section 26 1 (1 )( g) the restrictions prescribed by the relevant chapter of the law also apply to an entity with declared political and electoral goals.

Under section 27(6) a contribution made through another person or by otherwise circumventing the restrictions prescribed in law, will be transferred to the State budget and the offender will be held liable in accordance with the Georgian legislation.

Pursuant to section 34 2 (2) of the Act a natural person or a legal entity making a financial or material contribution in favour of a party in violation of the law will be fined ten times the value of the contribution.

COMPLAINT

The applicants complain under Article 1 of Protocol No. 1 that the imposition of fines was disproportionate and thus violated their right to the peaceful enjoyment of property.

QUESTIONs TO THE PARTIES

Was the imposition of fines on the applicants in the present case necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties within the meaning of Article 1 of Protocol No. 1? Did the fines impose an excessive individual burden on the applicants?

Appendix

1. Mariam METREVELI is a Georgian national who was born in 1954, lives in Rustavi and is represented by A. Kakhniauri;

2. Vakhtang EDISHERASHVILI is a Georgian national who was born in 1954, lives in Tbilisi and is represented by A. Kakhniauri;

3. Tamasha CHITAIA is a Georgian national who was born in 1954, lives in Tbilisi and is represented by A. Kakhniauri;

4. Besik MUMLAURI is a Georgian national who was born in 1951, lives in Tbilisi and is represented by A. Kakhniauri.