Batiashvili v. Georgia

Information Note on the Court’s case-law 233October 2019Batiashvili v. Georgia - 8284/07Judgment 10.10.2019 [Section V]Article 6Article 6-2Presumption of innocenceApplicability of Article 6 § 2 in the absence of “criminal charge” in circumstances where authorities had disseminated a manipulated audio recording before arrest: Article 6 applicable; violationFacts – On 22 July 2006, a preliminary investigation was opened in respect of a criminal case concerning the creation and leadership of an illegal armed group. The following day a warrant to intercept the telephone calls of the leader of a local armed group was obtained and telephone conversations between that leader and the applicant, a prominent member of the opposition, were recorded. A recording of a telephone conversation between them was provided to a television channel and broadcast on 25 July 2006.The applicant denounced the sit …