GOGASHVILI v. GEORGIA

Published on 11 December 2023 FIFTH SECTIONApplication no. 52256/22Ioseb GOGASHVILIagainst Georgialodged on 2 November 2022communicated on 20 November 2023SUBJECT MATTER OF THE CASEThe application concerns, under Articles 3 and 5 § 1 of the Convention the arrest and alleged ill-treatment of the applicant, a former high-ranking official of the Ministry of the Interior. In particular, the applicant alleges that he was arrested on 16 July 2022 at around 1.30 a.m. and not at 1.30 p.m. as noted in the report on his arrest, and that the police used unnecessary force as a result of which he sustained various injuries.QUESTIONS TO THE PARTIES1.  Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention? 2. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR …