Published on 4 December 2023

FIFTH SECTION

Application no. 42199/22 Besik ZAKAIDZE against Georgia lodged on 24 August 2022 communicated on 14 November 2023

SUBJECT MATTER OF THE CASE

The application concerns allegedly ineffective criminal proceedings against three private persons who physically assaulted the applicant.

On 9 February 2021 the applicant was severely beaten by three persons from his village. As a result, he sustained, among others, a mandibular fracture and a concussion. By a final court decision on 30 May 2022, the three persons were convicted of causing less serious bodily injury and sentenced to four years’ suspended prison sentence. When determining the sentence the domestic courts held, inter alia, that giving them a suspended sentence was justified in view of their pleading guilty to the offence and facilitating the speedy conduct of the criminal proceedings.

The applicant complains of the authorities’ failure to investigate thoroughly and adequately the incident of 9 February 2021. He claims that despite strong medical evidence, the seriousness of his injuries was overlooked leading to a wrong legal qualification of the acts; that he was prevented from effectively participating in the court proceedings; and that the suspended sentence imposed on the three offenders was too lenient. He relies on Article 2, 6 and 8 of the Convention.

QUESTIONS TO THE PARTIES

1. Did the State fulfil its positive obligations under Article 3 of the Convention to carry out an effective criminal investigation into the assault against the applicant (see Sabalić v. Croatia , no. 50231/13, §§ 96-98 (iii), 14 January 2021)? In particular:

2. Was there a manifest disproportion between the gravity of the acts committed against the applicant and the punishment imposed on those found guilty?