Religion – Weltanschauung – Recht [ RWR ]

The applicants, Teimuraz Mikeladze, Otar Mikeladze, Malkhaz Beridze and Gocha Beridze are Georgian nationals who belong to the Muslim minority in Georgia. The case concerns the police’s alleged excessive use of force and discriminatory language during the applicants’ arrest and detention. They were arrested on 22 October 2014 at a gathering by the local Muslim community against the conversion of an ancient mosque into a library. They were released the next day. The police alleged that the applicants had resisted their lawful orders, and denied making any derogatory comments, while the applicants brought complaints of ill-treatment against the police officers. The investigation into the applicants’ allegations has not yet produced any conclusive findings.

Relying on Article 3 (prohibition of inhuman and degrading treatment), both alone and in conjunction with Article 14 (prohibition of discrimination), the applicants complain that they were physically and verbally assaulted during their arrests and/or detention; that the police assaulted them because of their discriminatory attitude towards the Muslim faith; and, that the ongoing criminal investigation into the related complaints was ineffective. They also allege a breach of their rights under Articles 8 (right to respect for private and family life), 11 (freedom of association) and 13 (right to an effective remedy).

• Violation of Article 3 taken alone and in conjunction with Article 14 (investigation) in respect of all applicants
• Violation of Article 3 (ill-treatment) in respect of the first applicant
• No violation of Article 14 of the Convention taken in conjunction Article 3 (ill-treatment) in respect of the first applicant
• No violation of Article 3 (ill-treatment) either taken alone or in conjunction with Article 14 in respect of the remaining applicants

Just satisfaction

• Non-pecuniary damage: € 3,900 to the first applicant and € 1,800 to each of the remaining three applicants
• Costs and expenses: the Court rejected the applicants’ claim for costs and expenses

Press release ECHR 341 (2021) 16.11.2021