Giorgi Nikolaishvili v. Georgia

Information Note on the Court’s case-law No. 115January 2009Giorgi Nikolaishvili v. Georgia - 37048/04Judgment 13.1.2009 [Section II]Article 5Article 5-1Lawful arrest or detentionArrest of witness in order to put pressure on his fugitive brother and lack or inadequacy of reasons for pre-trial detention: violations Facts: In July 2003 photographs of the applicant, his brother and two other men were posted on “wanted persons” boards in police stations. The four men were identified by name and stated to be wanted in connection with a murder. In subsequent correspondence between the applicant's lawyer and the Ministry of the Interior, it emerged that the only wanted man was the applicant's brother and that operational measures were being taken to interview the applicant as a witness in view of his repeated refusals to appear before the district prosecutor. In March 2004 the applicant decided …