Kereselidze v. Georgia

Information Note on the Court’s case-law 227March 2019Kereselidze v. Georgia - 39718/09Judgment 28.3.2019 [Section V]Article 6Criminal proceedingsArticle 6-1Fair hearingRectification of starting date of cumulative prison sentence without an oral hearing: violationArticle 5Article 5-1Lawful arrest or detentionAlteration of anticipated release date by procedure found to be in breach of Article 6: no violationFacts – The applicant had been convicted of murder and sentenced to twenty years’ imprisonment (“the first conviction”). He was later convicted of attempting to escape and sentenced to four years and six months’ imprisonment (“the second conviction”). The first-instance court indicated that the cumulative sentence was to run from the date of the commission of the second offence.Following that decision, the provision of the Criminal Code regulating the imposition of cumulative sentences …