Published on 2 November 2022

FIFTH SECTION

Application no. 22266/22 Lasha ZURABIANI against Georgia lodged on 28 April 2022 communicated on 11 October 2022

SUBJECT MATTER OF THE CASE

The application concerns the imposition of a fine on the applicant, an attorney, for contempt of court. On 4 November 2021 the applicant was fined in the amount of 300 Georgian laris (approximately 100 euros) by judge V.D. of the Tbilisi City Court, for allegedly insulting her. The applicant appealed claiming, with reference to the audio recording of the relevant hearing, that he had not insulted the judge but had simply entered into an argument with her and that his impugned statements remained within the limits of acceptable criticism. He also maintained that V.D. should not have been allowed to convict him of contempt of court, but should have referred the case to another, impartial judge. The conduct of V.D. had lacked impartiality as she had felt offended by the applicant’s statements. The applicant’s appeal was dismissed in a written procedure by the Tbilisi Court of Appeal on 19 November 2021. The appellate court found that the applicant’s conduct was disrespectful of the court. It did not address the complaint about the alleged lack of impartiality of judge V.D.

QUESTIONS TO THE PARTIES

1. Is Article 6 § 1 of the Convention applicable to the present case (see Gestur Jónsson and Ragnar Halldór Hall v. Iceland ([GC], nos. 68273/14 and 68271/14, §§ 75-83, 22 December 2020)? If so, has there been a violation of the applicant’s right to a fair trial by an impartial tribunal under Article 6 § 1 of the Convention? Was the appeal court capable of remedying on appeal the alleged defects of the city court’s proceedings (see Deli v. the Republic of Moldova , no. 42010/06, 22 October 2019)?

2. Has there been a violation of the applicant’s right to freedom of expression contrary to Article 10 of the Convention (see, among other authorities, Kyprianou v. Cyprus [GC], no. 73797/01, ECHR 2005 ‑ XIII; Morice v. France [GC], no. 29369/10 , ECHR 2015; Radobuljac v. Croatia , no. 51000/11,28 June 2016, and ÄŒeferin v. Slovenia , no. 40975/08, 16 January 2018)?