CASE OF MAMALADZE v. GEORGIA

FIFTH SECTIONCASE OF MAMALADZE v. GEORGIA(Application no. 9487/19)  JUDGMENTArt 6 § 1 (criminal) • Obtaining and use of evidence (poisonous substance) in conviction of archpriest for preparation of murder of Patriarch’s personal secretary, not contrary to fair trial requirementsArt 6 § 1 (criminal) • Public hearing • Exclusion of public • Trial and appeal proceedings held in camera • Trial court’s failure, not remedied on appeal, to sufficiently consider less restrictive measures and impact of full closure • Detrimental effect of the trial in camera on public confidence in the proper administration of justice not counterbalancedArt 6 § 2 • Breach of presumption of innocence through combination of public statements by public officials and prosecuting authorities, case-file material dissemination in the media, and unequal enforcement of non-disclosure obligation enabling main witness to ma …