The Strasbourg court has published its judgment on Irakli Batiashvili's case, the Ministry of Justice said on October 11.

According to the Ministry, in the case of Batiashvili v. Georgia, the European Court of Human Rights found a violation of the right of fair criminal trials (paragraph 2 of Article 6 of the European Convention) and ordered the state to pay EUR 3,600 to the Irakli Batiashvili in respect of non-pecuniary damage.

The Justice Ministry explains that the case concerns his trial and violation of his right to be presumed innocent in connection with criminal proceedings over his allegedly helping an armed group in carrying out a rebellion in Kodori Gorge in 2006.

In late July 2006, the authorities took control of the Kodori gorge, where a local paramilitary group Monadire (“the armed group”) was ran by Emzar Kvtsiani.

In July 2006 a preliminary investigation was opened into the creation and leadership of an illegal armed group, and the illegal purchase, storage and carrying of firearms” without elaborating on the grounds for opening the investigation, or persons identified as suspects. The investigation was launched based on the recordings of Emzar Kvtsiani’s telephone calls.

The investigating authorities obtained a judicial order permitting the interception and recording of Emzar Kvitsiani’s telephone calls. Irakli Batiashvili was charged with failure to report to the authorities the potential involvement of the Abkhaz separatists in the conflict with the State and with aiding and abetting the leader of the Kodori Gorge armed force, Emzar Kvitsiani after telephone calls between Irakli Batiashvili and Emzar Kvitsiani were intercepted.

In particular, a recording of one call played on Rustavi 2 TV appeared to show Batiashvili and Kvitsiani discussing, among other things, help for the armed group from the Abkhaz separatists. Batiashvili later said Kvitsiani had refused the Abkhaz offer but that that part of the conversation had been omitted from the broadcast. Batiashvili was eventually held in pre-trial detention for four months and found guilty.

The Justice Ministry says that the Court found that the relevant authorities’ involvement in the manipulation and the subsequent dissemination of the audio recording to the media contributed to the applicant being perceived as guilty before his guilt was proved in court.

Court finds that there has been no violation of paragraph 3 and 4 of Article 5 of the Convention.