CASE OF KIKABIDZE v. GEORGIA

FIFTH SECTIONCASE OF KIKABIDZE v. GEORGIA(Application no. 57642/12)  JUDGMENT Art 6 § 1 (criminal) and Art 6 § 3 (b) • Fair hearing • Applicant not afforded adequate time and facilities to prepare defence against murder charge in an effective manner • Delayed access to the case fileArt 6 § 1 (criminal) and Art 6 § 3 (d) • Fair hearing • Presiding judge’s rejection of defence witness list in its entirety resulting from an excessively formalistic and restrictive application of domestic law to the applicant’s detriment • Lack of sufficiently detailed reasoning on such an important procedural defence right particularly troubling given absence of established judicial practice following implementation of cardinal reform of the criminal procedure shortly before the applicant’s trial Art 6 § 1 (criminal) • Fair hearing • Lack of sufficient reasoning in Appellate Court’s decision dismissing appli …