CASE OF KHACHAPURIDZE AND KHACHIDZE v. GEORGIA

FIFTH SECTIONCASE OF KHACHAPURIDZE AND KHACHIDZE v. GEORGIA(Applications nos. 59464/21 and 13079/22) JUDGMENT Art 6 § 1 (criminal) and Art 6 § 3 (c) and (d) • Fair hearing • Defence in person • Examination of witnesses • Obtain attendance of witnesses • Procedural rights of first two applicants adversely affected by a combination of deficiencies and to such an extent as to undermine overall fairness of proceedings against them • Domestic courts’ failure to give sufficient reasons for their refusal to hear a main defence witness • Reliance on statements of absent witnesses, whose evidence carried significant weight, without sufficient counterbalancing factors to compensate for handicaps caused to the defence • Insufficient reasons for complete exclusion from remaining trial of applicants for disorderly conduct • As applicants attending via remote connection, in principle, it should have b …