Published on 14 June 2021
FIFTH SECTION
Application no. 16757/20
Zaza SVANADZE
against Georgia
lodged on 20 April 2020
communicated on 26 May 2021
SUBJECT MATTER OF THE CASE
The application concerns the dispersal of a public demonstration held in Tbilisi in front of the Parliament of Georgia on 20-21 June 2019. Initially peaceful, it escalated into violent clashes between police and protesters. Tear gas, rubber bullets, and water cannons were used against the protesters, including allegedly from a short distance, as a result of which many were injured. The applicant, a journalist, was reporting the events. He alleged that he was specifically targeted by the police with rubber bullets during the dispersal of the demonstration. He was hit by at least four rubber bullets.
Criminal proceedings were initiated into abuse of power by the police; however, the applicant was refused victim status. He complains under Article 10 of the Convention that the relevant authorities, by employing disproportionate force and deliberately targeting journalists, prevented him from performing his professional duties. He further alleges a breach of Article 13 of the Convention on account of the lack of effective domestic remedies as the ongoing investigation has been inadequate.
QUESTIONS TO THE PARTIES
1. Having regard to the applicant’s allegation that the police used force against him while he was reporting the events as a journalist, has there been an interference with his right to freedom of expression, within the meaning of Article 10 § 1 of the Convention? If so, was that interference prescribed by law and “necessary in a democratic society” in terms of Article 10 § 2 of the Convention?
2. Did the applicant have at his disposal an effective domestic remedy or a combination of remedies for his complaint under Article 10 of the Convention, as required by Article 13?
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