ECHR rules against Georgia over violation of protester's rights
ECHR rules against Georgia
The European Court of Human Rights (ECHR) has ruled that Georgia violated the rights to freedom of assembly and freedom of expression of Zurab Karchava when authorities detained him for pitching a tent outside the Constitutional Court building in Batumi.
The ruling was announced by the Georgian Young Lawyers’ Association (GYLA). The court ordered the Georgian state to pay Karchava €1,000 in compensation for non-pecuniary damage.
The case stems from events in 2022. At the time, Karchava was campaigning for free school meals for children. He attempted to set up a tent near the Constitutional Court, next to the monument to Memed Abashidze. Police detained him shortly afterwards, and a court later found him guilty of an administrative offence.
The Georgian government argued that the tent could disrupt the work of the Constitutional Court. It also cited the risk of damage to the monument and potential safety concerns linked to the use of fireworks during the New Year holiday period.
The European Court, however, found those arguments insufficient. In its judgment, the court said the domestic authorities had failed to demonstrate why such an interference with Karchava’s rights was necessary.
The court also noted that the tent was not located close enough to pose a genuine threat to the monument. It found no evidence of a real risk of damage and pointed out that no specific events involving fireworks had been planned at the site.
The ECHR also stressed that Karchava’s one-day administrative detention may have had a chilling effect on others, discouraging citizens from taking part in protests or exercising their right to express dissent.
ЕECHR rules against Georgia
