Communicated on 5 July 2019
FIFTH SECTION
Application no. 17354/19
Nino BOLKVADZE and others
against Georgia
lodged on 9 March 2019
SUBJECT MATTER OF THE CASE
The application concerns the alleged breach of the applicants’ freedom of expression on account of their being prevented from wearing rainbow‑coloured armbands and exhibiting rainbow flags, banners and posters during a football match in Tbilisi. On 9 September 2018 the applicants went to a stadium to see a football match between Georgia and Latvia. In order to show their support for one of the Georgian players, G.K., who had won the Equal Game award by UEFA for promoting diversity, inclusion and equality in the European football, the applicants wore rainbow-coloured armbands. They also had with them rainbow-coloured flags and various posters, stickers, and banners depicting their support for the idea of equality. The applicants allege that the police did not allow them to enter the stadium with their armbands. Most of their posters, flags, stickers and banners with LGBT symbols were confiscated at the entrance. The second applicant managed to get into the stadium with a rainbow-coloured flag. Towards the end of the match he and the third applicant hanged the flag out. It was immediately taken away by representatives of the Ministry of the Interior. The applicants complained with the Ministry of the Interior and the Chief Prosecutor’s Office. The latter forwarded the applicants’ complaint to the general inspection department of the Ministry of the Interior. In reply to their complaint the applicants were informed that on 9 September 2018 the police had been instructed, for the purposes of protecting public order, to prevent people from entering the stadium with items depicting various symbols or attributes, including those related to the LGBT community. On 7 March 2019 the applicants filed another complaint with the Minister of the Interior and the Chief Prosecutor of Georgia alleging that they had been discriminated against on account of their sexual orientation and gender identity and that the police had abused their authority. They requested the initiation of criminal proceedings and the identification of those responsible. It appears that their complaint has been left unanswered.
The applicants complain under Article 10 of the Convention taken separately and in conjunction with Article 14 about the violation of their freedom of expression on account of their sexual orientation and gender identification.
QUESTIONS TO THE PARTIES
1. In view of the fact that the applicants have not pursued a civil remedy against the police, can they be said to have exhausted domestic remedies, within the meaning of Article 35 § 1 of the Convention, in respect of the complaints now made before the Court?
2. Are the complaints of the applicants under Articles 10 and 14 of the Convention premature?
3. In view of the measures undertaken with respect to the applicants on 9 September 2018, has there been an interference with their right to freedom of expression within the meaning of Article 10 of the Convention? If so, was the interference prescribed by law? What legitimate aim did the contested measures pursue, were they proportionate to that legitimate aim and necessary in a democratic society?
4. Have the applicants suffered discrimination on the ground of sexual orientation and gender identity, contrary to Article 14 of the Convention read in conjunction with Article 10 of the Convention?
APPENDIX
No.
Applicant’s Name
Birth date
Nationality
Place of residence
1
Nino BOLKVADZE
16/10/1977
Georgian
Tbilisi
2
Giorgi TABAGARI
17/11/1985
Georgian
Tbilisi
3
Tsabunia VARTAGAVA
25/01/1991
Georgian
Kheta
4
Levan BERIANIDZE
05/09/1990
Georgian
Tbilisi
5
Mariami KVARATSKHELIA
12/03/1993
Georgian
Tbilisi
6
Tamazi SOZASHVILI
30/08/1995
Georgian
Tbilisi
7
Nikolo GHVINIASHVILI
16/02/1973
Georgian
Tbilisi
8
Vakhtang KERDZAIA
30/08/1995
Georgian
Tbilisi
9
Giorgi TSOTSKOLAURI
15/02/1983
Georgian
Tbilisi
Full & Egal Universal Law Academy