Tchokhonelidze v. Georgia

Information Note on the Court’s case-law 219June 2018Tchokhonelidze v. Georgia - 31536/07Judgment 28.6.2018 [Section V]Article 6Criminal proceedingsArticle 6-1Fair hearingInsufficient judicial review of entrapment defence:violationFacts – An individual, acting as an undercover agent, alerted the Department of the Constitutional Security of the Ministry of Internal Affairs (“the DCS”) that the applicant, a deputy regional governor at the material time, requested a USD 30,000 bribe in exchange for his help in obtaining a construction permit. Upon court authorisation, her subsequent meetings with the applicant were filmed and telephone conversations tapped. After the hand-over of the money in pre-marked banknotes, the applicant was arrested. He was subsequently convicted of the crime of requesting a bribe in a large amount. His allegations of entrapment were not addressed by the domestic co …