Published on 6 November 2023
FIFTH SECTION
Application no. 34585/23
Irakli ARESHIDZE
against Georgia
lodged on 8 September 2023
communicated on 19 October 2023
SUBJECT MATTER OF THE CASE
The application concerns an alleged hate-motivated ill-treatment of the applicant by a police officer on 7 November 2022. The applicant complains that he was placed in a solitary cell for some four to five hours, refused access to a toilet or drinking water, mocked, insulted and physically abused on account of his belonging to LGBT community. The applicant complained and criminal proceedings were initiated. Multiple minor bruises and scratches were established on his body. The investigation is still ongoing. The applicant has been repeatedly refused the status of a victim; he has no access to the casefile; and the alleged hate motive of the police officer is not being investigated. The applicant relies on Article 3 of the Convention taken alone and in conjunction with Article 14, and on Article 13.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention? In this connection, did he suffer discrimination contrary to Article 14 of the Convention read in conjunction with Article 3?
2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), has there been a violation of Article 3 of the Convention in conjunction with Article 14 on account of the alleged ineffective investigation into the applicant’s complaints?
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