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PROCEDURE
1. The case originated in an application (no. 73235/12) against Georgia lodged with
the Court under Article 34 of the Convention for the Protection of Human Rights and
Fundamental Freedoms (?the Convention?) by Identoba, a non-governmental organisation,
and fourteen Georgian nationals on 17 November 2012. The applicants are listed in
the attached annex.
2. The applicants were represented by Mr L. Asatiani and Mrs N. Bolkvadze, lawyers
practising in Tbilisi. The Georgian Government (?the Government?) were represented
by their Agent, Mr L. Meskhoradze, of the Ministry of Justice.
3. The applicants alleged, in particular, that the violence perpetrated against them
by private individuals and the lack of police protection during the peaceful demonstration
of 17 May 2012 had constituted a breach of their various rights under Articles 3,
10, 11 and 14 of the Convention.
4. On 18 December 2013 notice of the application was given to the Government.
THE COURT (12 May 2015)
1. Declares unanimously the complaints under Articles 10, 11 and 14 of the Convention
introduced by applicants nos. 1-14 and the complaints under Article 3 of the Convention
introduced by applicants nos. 2-14 admissible;
2. Declares unanimously the remainder of the application inadmissible;
3. Holds, by six votes to one, that there has been a violation of Article 3 taken
in conjunction with Article 14 of the Convention with respect to applicants nos. 2-14;
4. Holds unanimously that there is no need to examine the complaint under Article
10 of the Convention; 5. Holds unanimously, that there has been a violation of Article
11 taken in conjunction with Article 14 of the Convention. with respect to applicants
nos. 1-14; 6. Holds unanimously,
(a) that the respondent State is to pay the applicants in respect of non-pecuniary
damage, within three months of the date on which the judgment becomes final in accordance
with Article 44 § 2 of the Convention, the following amounts, to be converted into
the currency of the respondent State at the rate applicable at the date of settlement:
(i) to Mr L. Berianidze and Mr G. Demetrashvili EUR 4,000 (four thousand euros) each;
(ii) to Ms G. Dzerkorashvili and Ms M. Kalandadze 3,000 (three thousand euros) each;
(iii) to Mr L. Asatiani, Ms T. Bilikhodze, Mr B. Buchashvili, Ms E. Glakhashvili,
Ms N. Gviniashvili, Mr M. Khalibegashvili, Ms T. Melashvili, Ms K. Tsagaresihvili
and Ms M. Tsutskiridze EUR 2,000 (two thousand euros) each;
(iv) to the applicant organisation, NGO Identoba, EUR 1,500 (one thousand five hundred
euros); (v) any tax that may be chargeable on the above amounts;
(b) that from the expiry of the above-mentioned three months until settlement simple
interest shall be payable on the above amounts at a rate equal to the marginal lending
rate of the European Central Bank during the default period plus three percentage
points; 7. Dismisses unanimously the remainder of the applicants? claim for just satisfaction.
Done in English, and notified in writing on 12 May 2015, pursuant to Rule 77 §§ 2
and 3 of the Rules of Court.
Françoise Elens-Passos Päivi Hirvelä Registrar President In accordance with Article
45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the separate opinion
of Judge Wojtyczek is annexed to this judgment.
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