CASE OF MATCHAVARIANI v. GEORGIA

FOURTH SECTIONCASE OF MATCHAVARIANI v. GEORGIA(Application no. 46852/21) JUDGMENT Art 5 § 1 • Deprivation of liberty • Applicant’s administrative detention during administrative-offence proceedings against him not free from arbitrariness • Lack of necessity assessmentArt 6 § 1 (criminal) • Impartial tribunal • Lack of legitimate doubts about the trial judge’s objective impartiality for briefly adjourning the administrative proceedings to allow the police, acting as a prosecuting authority, to gather additional evidence to substantiate the charge against the applicant • Judge’s conduct had a basis in domestic law • Applicant able to comment on evidence without any hinderance • Conviction also rested on other evidenceArt 10 and Art 11 • Applicant’s explicit refusal to comply with police order not to take firewood to the demonstration did not enjoy same privileged protection under the Conve …