CASE OF MAKARASHVILI AND OTHERS v. GEORGIA

FIFTH SECTIONCASE OF MAKARASHVILI AND OTHERS v. GEORGIA(Applications nos. 23158/20, 31365/20, 32525/20)  JUDGMENT Art 6 § 1 (criminal) • Unfair proceedings in respect of second applicant, through domestic court’s treatment of statements by police officers, acting as the prosecuting authority, as having a higher degree of credibility • No overall unfairness in respect of first and third applicants, where conviction also supported other evidenceArt 11 • Peaceful assembly • Arrest and sanctioning of first and third applicants, for refusal to free road leading to Parliament entrances, within State margin of appreciation • Art 11 applicable to intentional action aimed at serious disruption of Parliamentary activity, but impacting on “necessity” assessment, in the light of the importance of Parliament’s effective functioning in a democratic society • Lack of relevant and sufficient reasons for …