Communicated on 28 September 2015
FOURTH SECTION
Application no. 14797/11
Kakhaber TSULUKIDZE and others
against Georgia
lodged on 26 January 2011
STATEMENT OF FACTS
1. A list of the applicants is set out in the appendix. They are all represented before the Court by Mr M. Tsimintia, a lawyer practicing in Tbilisi.
A. The circumstances of the case
2. The facts of the case, as submitted by the applicants, may be summarised as follows.
1. Acts of violence in the context of criminal case no. 1
3. This part of the application concerns applicants K. Tsulukidze and T. Soselia, applicants nos. 1 and 2 respectively. On 13 December 2009 they were allegedly assaulted, verbally and physically, by a group of laypersons in the city of Martvili. The first applicant was threatened with further physical violence unless he stopped practicing his religion in Martvili and left the city together with his wife. The applicants complained to the police; the first applicant claimed that there was systematic violence against him and other Jehovah’s Witnesses in the city because of their religion. He identified by name several of the attackers in his complaint and described in detail several other incidents of religious violence involving him and his co-believers.
4. On 12 February 2010 a criminal investigation was initiated under Article 156 of the Criminal Code of Georgia (persecution) in connection with the above incident. On 4 May 2010 the proceedings were dropped; the investigation concluded that the fact of the applicants’ persecution on religious grounds had not been proved. The alleged attackers were however formally warned to stop assaulting Jehovah’s Witnesses. By a letter of 9 May 2010 a representative of the chief prosecutor’s office also informed the first applicant that another criminal probe in connection with another alleged incident of his persecution was still pending, while the remaining incidents of alleged violence against Jehovah’s Witnesses in Martvili were unknown to the prosecution.
5. The applicants appealed the prosecutor’s decision of 4 May 2010. Their appeal was dismissed by the Martvili District Court on 16 June 2010. This decision was further upheld by the Kutaisi Court of appeal on 28 July 2010.
2. Act of violence in the context of criminal case no. 2
6. This part of the application concerns applicants M. Zakaraia and M. Gegetchkori, applicants nos. 3 and 4 respectively. According to the case file, on 8 February 2009 they were both attacked by Mr A. Ujmajuridze while distributing religious literature in Tbilisi. M. Gegetchkori, who was at the material time thirteen years old, suffered a head injury and a concussion as a result.
7. The investigation commenced and both applicants were questioned. Subsequently, the applicants’ lawyer had several phone conversations with the investigator in charge as well as three personal meetings in order to receive updated information about the progress of the investigation. In September and October 2009 the lawyer apparently again contacted the investigator, however to no avail. He was not provided with any follow-up information.
3. Acts of violence in the context of criminal case no. 3
8. This part of the application concerns two incidents of assault to which M. Ikoshvili (applicant no. 5) was subjected in Sagaredjo, Eastern Georgia, on 29 January and 7 May 2009. In both incidents a certain T.E. was involved. By a letter of 18 May 2009 the regional police informed the applicant that T.E. had been warned to stop attacking the applicant. On 17 June 2009 the applicant was additionally informed by the prosecution that the investigation was being conducted into the circumstances of the assault of 29 January 2009. As for the incident of 7 May 2009, the district prosecutor noted that no investigation had been initiated as no elements of crime had been identified.
9. One year later the public defender’s office, acting at the request of the applicant, inquired with the prosecution about the progress of the proceedings. In reply, by a letter of 12 March 2010, the prosecutor in charge informed that the proceedings had been initiated under Article 239 of the Criminal Code (breach of public order) on 1 March 2009, that certain investigative actions had already been conducted and that the investigation was still pending.
4. Act of violence in criminal case no. 4
10. On 17 July 2009 the sixth applicant was physically and verbally assaulted by a police officer G.L. in Tbilisi. As a result he sustained multiple bruises and excoriations. Criminal proceedings were initiated under Article 118 of the Criminal Code (inflicting less serious bodily injuries). The applicant along with one of the witnesses identified the attacker, the latter, however, rejected any involvement in the incident and claimed an alibi. According to a letter dated 9 June 2010, the investigation was still pending.
5. Acts of violence in criminal case no. 5
11. This part of the application concerns allegedly systematic use of violence against Jehovah’s Witnesses, including the applicants B. Orbelashvili and P. Melkoniani (applicants nos. 7 and 8), in the village of Akhalkalaki (Kaspi region). The religiously-motivated attacks were mainly led by Father Khomeriki, a local priest. Hence, on 9 and 23 December 2008 B. Orbelashvili and P. Melkoniani were verbally and physically assaulted by Father Khomeriki. They complained alleging that the priest was responsible for the persecution of Jehovah’s Witnesses in the region. The investigation was initiated under Article 155 of the Criminal Code (illegally preventing the conduct of religious rites). However on 30 January 2009 the proceedings were discontinued owing to the absence of evidence of a crime.
12. On 3 July and 4 December 2009 Father Khomeriki assaulted the applicants again. They complained to the Chief Prosecutor of Georgia as well as to the Public Defender. In reply to their complaints, the applicants were informed that Father Khomeriki had been warned to stop abusing Jehovah’s Witnesses.
6. Act of violence in criminal case no. 6
13. On 16 October 2009 the applicants nos. 9 and 10, B. Egiashvili and L. Korkotadze were assaulted in Tbilisi because of their religion. A criminal probe was launched under Article 118 of the Criminal Code (inflicting less serious bodily injuries) and the applicants gave detailed statements to the investigation authorities. Subsequently, the applicants were not kept informed of the progress of the relevant proceedings.
7. Act of violence in criminal case no. 7
14. On 13 April 2010 G. Gurgenidze and B. Tabidze (applicants nos. 11 and 12) were physically attacked by several lay persons in the city of Lanchkhuti while distributing religious literature. The applicants complained. By a letter of 24 June 2010 the prosecutor’s office informed them that an investigation was being conduct into the incident under Article 156 of the Criminal Code (persecution). Since then, the applicants have received no further news from the investigation authorities.
8. Acts of violence in criminal case no. 8
15. In October 2009 an office of Jehovah’s Witnesses which was being constructed in the city of Zugdidi (western Georgia) was attacked on several occasions by a mob. At least on two occasions on 20 and 21 October 2009 the applicants R. Gogua and K. Mirtshkhulava, who were working on the construction site, were physically and verbally assaulted. The investigation was initiated, inter alia, into the circumstances of the assault on the applicants. The applicants were not informed about the progress of the proceedings.
16. As it appears from the case file, the insult of the applicants and other people working at the construction site continued in 2010.
9. Act of violence in criminal case no. 9
17. This part of the application concerns applicants G. Muradovi and M. Gakharia (applicants nos. 15 and 16 respectively). They were both assaulted because of their religion during a violent incident in one of the residential districts in Tbilisi on 22 October 2009. Mr. Muradovi was particularly severely beaten and also threatened with a gun. The investigation started on the same day under Articles 118 and 151 of the Criminal Code (inflicting less serious bodily injuries and threatening). The victims were all questioned, but subsequently they were not being informed about the progress of the investigation.
B. Relevant domestic law
18. For the relevant domestic law see Members of the Gldani Congregation of Jehovah’s Witnesses and Others (no. 71156/01, §§ 77‑79, 3 May 2007).
COMPLAINTS
19. The applicants complain under Articles 3 and 9 of the Convention taken separately and in conjunction with Article 14 about the religiously motivated violence to which they were subjected in Georgia and the relevant authorities’ failure to prevent, stop or redress the alleged violations.
QUESTIONS TO THE PARTIES
1. Were the applicants subjected to inhuman and degrading treatment in breach of Article 3 of the Convention?
2. Have the competent domestic authorities conducted an adequate investigation into the applicants’ allegations of inhuman and degrading treatment as required by the procedural obligation under Article 3 of the Convention?
3. Has there been a violation of the applicants’ freedom of religion, contrary to Article 9 of the Convention?
4. Was there a breach of Article 14 of the Convention taken together with Articles 3 and 9 of the Convention in either of the cases?
Appendix
No.
First name
Last name
Birth date
Nationality
Place of residence
Kakhaber Tsulukidze
04/08/1980
Georgian
Tbilisi
Tsotne Soselia
10/09/1993
Georgian
Martvili
Madona Zakaraia
20/05/1962
Georgian
Tbilisi
Mariam Gegetchkori
21/09/1995
Georgian
Tbilisi
Mirza Ikoshvili
24/08/1976
Georgian
Sagaredjo
Shota Tchiabrishvili
09/04/1990
Georgian
Tbilisi
Besik Orbelashvili
10/02/1972
Georgian
Kaspi
Paata Melkoniani
27/09/1981
Georgian
Kaspi
Bachana Egiashvili
10/07/1992
Georgian
Mukhrani
Luka Korkotadze
01/09/1993
Georgian
Tbilisi
Bidzina Tabidze
02/05/1972
Georgian
Lanchkhuti
Giorgi Gurgenidze
01/11/1981
Georgian
Lanchkhuti
Roman Gogua
03/01/1982
Georgian
Zugdidi
Karlo Mirtshkhulava
05/08/1959
Georgian
Zugdidi
Giorgi Muradovi
04/08/1980
Georgian
Tbilisi
Mushni Gakharia
08/01/1994
Georgian
Tbilisi
Full & Egal Universal Law Academy