CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 3 novembre 2022

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GEORGIA (Application no. 9487/19)     JUDGMENT Art 6 § 1 (criminal) • Obtaining and use of evidence (poisonous substance) in conviction of archpriest for preparation of murder of Patriarch’s personal secretary, not contrary to fair trial requirements Art 6 § 1 (criminal) • Public hearing • Exclusion of public • Trial and appeal proceedings held in camera • Trial court’s failure, not remedied on appeal, to sufficiently consider less restrictive measures and impact of full closure • Detrimental effect of the trial in camera on public confidence in the proper administration of justice not counterbalanced Art 6 § 2 • Breach of presumption of innocence through combination of public statements by public officials and prosecuting authorities, case-file material dissemination in the media, and unequal enforcement of non-disclosure obligation enabling main witness to make public accusations Art 35 § 1 • Exhaustion of domestic remedies • Applicant not expected to pursue civil proceedings • Presumption of innocence complaint linked to alleged breach of publicity principle and operation of non-disclosure obligation as part of his criminal trial • Presumption of innocence viewed as a procedural guarantee within the context of the criminal trial itself   STRASBOURG 3 November 2022 FINAL   06/03/2023   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Mamaladze v. Georgia, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Síofra O’Leary, President, Mārtiņš Mits, Stéphanie Mourou-Vikström, Lətif Hüseynov, Lado Chanturia, Mattias Guyomar, Mykola Gnatovskyy, judges, and Victor Soloveytchik, Section Registrar, Having regard to: the application (no.   9487/19) against Georgia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Georgian national, Mr   Giorgi Mamaladze (“the applicant”), on 31 January 2019; the decision to give notice to the Georgian Government (“the Government”) of the complaints under Article   6 §§   1 and 2 and to declare inadmissible the remainder of the application; the parties’ observations; Having deliberated in private on 27 September 2022, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The present case concerns the alleged unfairness of the criminal proceedings against the applicant, the holding of the criminal trial in camera and an alleged violation of the right to the presumption of innocence. The applicant complained of a breach of his rights under Article   6 §§   1 and 2 of the Convention. THE FACTS 2.     The applicant was born in 1984 and is detained in Tbilisi. He was represented by Mr D. Jandieri, a lawyer practising in Tbilisi. 3.     The Government were represented by their Agent, Mr B.   Dzamashvili of the Ministry of Justice. 4.     The facts of the case may be summarised as follows. OPENING OF AN INVESTIGATION AGAINST THE APPLICANT 5 .     In January 2017 I.M., a journalist with personal ties to the applicant, informed two lawyers that the applicant – an archpriest and the director of a medical clinic operating under the authority of the Georgian Orthodox Church, as well as a former director of the property management service of the Patriarchate of the Georgian Orthodox Church (“the Patriarchate”) – had contacted him seeking “kalium cyanide” (a highly toxic substance, also known as potassium cyanide). I.M. told the lawyers that he believed a plan to murder someone working at the Patriarchate was underway. He indicated that the applicant had wanted to obtain the cyanide for a trip to Berlin, where he was intending to join the delegation accompanying the Catholicos-Patriarch of Georgia (the spiritual leader of the Georgian Orthodox Church), Ilia II (“the Patriarch”) for the latter’s medical procedures. One of the lawyers advised I.M. to record the content of his conversations with the applicant and to submit the evidence to the law-enforcement authorities. 6.     On 2 February 2017 I.M., apparently accompanied by the two lawyers he had contacted earlier (see paragraph   5 above), appeared at the Chief Prosecutor’s Office (“the CPO”) and repeated what he had told the lawyers. 7.     On the same day, the Patriarch’s delegation left for Berlin. 8 .     On 3   February 2017 I.M. submitted various audio and video recordings to the investigating authorities, as well as screenshots of text message exchanges with the applicant and a small piece of paper containing the text “kalium cyanide” (later found by experts to have been written by the applicant and to have contained traces of his DNA), explaining that the applicant had written it down for him to avoid uttering the words out loud. I.M. also submitted screenshots of his communication with one of the lawyers. An investigation was opened. I.M. agreed to cooperate with the authorities and to continue recording his exchanges with the applicant. 9 .     On the same day, a judge authorised the implementation of covert investigative measures by I.M. Between 3   and 9   February 2017 the latter made various audio and video recordings and submitted them to the investigating authorities. Those recordings showed, among other things, different discussions involving the applicant’s solicitation of cyanide and I.M.’s possible role in helping him obtain it, the price asked for by third parties in possession of cyanide and the applicant’s willingness to provide the necessary sum of money, the applicant’s enquiries regarding the poisonous properties and use of cyanide, the applicant’s agreement to obtain natrium cyanide instead of the kalium cyanide he had initially sought as long as it had a similar toxicity, and the neutralising effect the consumption of sugar had on the toxicity of cyanide. I.M. and the applicant discussed the properties of “natrium cyanide” as opposed to “kalium cyanide” in the following terms: “[The applicant]: what if it does not have [any] effect? ... [I.M.]: No, it will have [an] effect ... This one can be used with water, you need to dissolve it in water [The applicant]: do you mean natrium? [I.M.]: yes, natrium ... together with water [The applicant]: what about this [kalium cyanide] one? [I.M.]: this on food, on that, I just don’t know, on whatever it is ... [The applicant]: ... how long will it take him to deliver? [I.M.]: ... he will deliver immediately ... should I ask him anything else? [The applicant]: I just want a guarantee that it will be effective [I.M.]: ... the most important [thing] is that it is not neutralised by sugar [The applicant]: I know that sugar neutralises it [I.M.]: if someone eats a lot of sugar or sweets ... [The applicant]: as far as I know he/she [Georgian language has gender neutral pronouns] does not eat sweets, tries to stay away ... [I.M.]: three thousand dollars and hand to hand. But does it not remain in the [body]? [The applicant]: I don’t know, why would I care? Let it remain. Who is going to find it? [I.M.]: No one is going to find it now [The applicant]: Maybe an expert ...” I.M. and the applicant also discussed the applicant being in a rush (stating that he needed to obtain the substance “urgently”) and his intention to take the cyanide to Germany where he was to join the Patriarch’s delegation. The recordings also showed a discussion between I.M. and the applicant regarding the members of the delegation, including Sh.T. – the Patriarch’s personal secretary ( მდივან ‑ რეფერენტი ) (see paragraph   12 below) – and various reasons for the applicant’s animosity towards her, including her influence within the Church. In one of the recordings I.M. and the applicant discussed the latter’s future career path within the Patriarchate, including potentially being appointed to Sh.T.’s position. To I.M.’s question “what about [Sh.T.]?” the applicant replied using an idiomatic expression (“ მარილზე გასვლა ”) implying death. In another conversation I.M. stated that Sh.T. had “managed” to be included in the Patriarch’s delegation to Berlin and the applicant used another idiomatic expression implying that she should be killed (“ დასაბრედია ”). THE APPLICANT’S ARREST AND SEARCH MEASURES 10 .     On 9 February 2017 the applicant purchased flight tickets to Berlin. 11 .     According to official documents relating to the applicant’s arrest and subsequent search, in the early hours of 10 February 2017, after the applicant had already checked in for his flight and was about to leave the airport building to board the aeroplane, he was apprehended by policemen and taken to the CPO. His checked luggage was seized and sealed, in the presence of airport security staff, in the airport baggage area. The luggage was unsealed and searched at the CPO at 4 p.m. that day in the presence of the applicant, his lawyer and an airport security staff member (who had apparently been unable to attend the investigative measure at an earlier time), who had verified that the seal on the suitcase was intact. The applicant offered to help during the search and unlocked the suitcase using his own code. He took out some shoe cleaner and put it aside. One of the investigators asked him to open it. When the applicant removed the cap, a small container box dropped out and fell to the ground. The investigator picked it up and put it on the table. According to the applicant’s version of events given to the trial court, both he and his lawyer touched the container, while the investigators’ version and the account given by the airport staff member attending the search contested this, suggesting that only the investigator had touched the container when picking it up. The airport employee also stated that the applicant had asked his lawyer to leave the room once the container had fallen on the floor. Neither the applicant, his lawyer nor the investigators were wearing gloves. Inside the container was white powder, later found to have been “natrium cyanide”. The applicant claimed that the container box did not belong to him.   On the same day his apartment was searched and a gun and ammunition were seized. He stated that the gun had been given to him by I.M. for safekeeping.   No fingerprint examination was carried out on the material seized from the applicant’s luggage. 12 .     On 11   February 2017 the applicant was charged with “preparation of murder” for plotting to kill Sh.T. (see paragraph   9 above), as well as illegal purchase and possession of a firearm and ammunition. The latter charge was brought as a result of the search of his home. 13.     On the same day, the CPO imposed a non-disclosure obligation upon the applicant and his lawyers pursuant to Article   104 of the Code of Criminal Procedure (see paragraph   54 below). 14.     On 27 February 2017 the applicant was questioned. He confirmed the authenticity of the audio and video recordings containing his conversations with I.M. (see paragraph   9 above). However, he stated that his remarks had not implied Sh.T.’s assassination, and that he had used the relevant phrases to express his wish to end Sh.T.’s influence in the Patriarchate. 15 .     On 21 March 2017 the Tbilisi City Court dismissed an application by the applicant to have the internal and external airport surveillance camera footage retrieved in respect of the period between 5 and 10   a.m. on 10   February 2017. The court held that the application was not supported by the appropriate supporting documents and that, more importantly, no information had been indicated as to where the recordings – which were not kept by the airport – were to be retrieved from. On 28   March 2017 the appellate court upheld, in a final decision, the lower court’s findings concerning the unsubstantiated nature of the application. It stated, among other things, that the applicant’s request had been too general. In particular, given the importance of protecting the right to privacy of potential third parties, the court could not allow an application requesting the seizure of recordings covering the entire external and internal territory of the airport. It was further noted that the applicant’s suitcase had been seized and sealed in the presence of airport security staff. PUBLIC STATEMENTS AND MEDIA COVERAGE RELATING TO THE CRIMINAL PROCEEDINGS AGAINST THE APPLICANT 16 .     On 13 February 2017 the CPO made a statement regarding the applicant’s arrest. It confirmed that the latter had been charged with preparation of murder and that investigative activities had commenced on 2   February 2017 on the basis of information received from a citizen who had feared that the applicant intended to murder “a person holding a high religious position”. The CPO further stated that the investigation had revealed that the applicant “had requested [the individual concerned] to obtain the poisonous substance – cyanide” in exchange for money and potential favours in the future. The statement continued that the applicant “had intended to travel to Germany where the Patriarch and individuals accompanying [him] had gone for [the Patriarch’s] treatment, and [that the applicant] had needed to obtain the poisonous substance before his own departure [for Germany].” It was further stated as follows: “Archpriest Giorgi Mamaladze [the applicant] ... had been, due to his professional engagements, in systematic contact with the Patriarch and [his] closest circle. The evidence collected at this stage of the investigation reveals that G. Mamaladze had been preparing the murder of one of the individuals and had, for this very purpose, purchased the poisonous substance ... from a person who has not yet been identified by the investigation. If [that substance] had been used, the criminal intent of the accused would have been implemented and the lethal result would have been unavoidable. On 10 February 2017 the staff of the CPO arrested the accused ... at Tbilisi International Airport before his departure for Germany, and the poisonous substance – “natrium cyanide” – was recovered as a result of the search of his luggage ... Based on the evidence obtained by the investigation, the CPO is working on several theories, and intensive investigative activities are ongoing in all directions ...” 17 .     On the same date, a special briefing on the matter was held by the Chief Prosecutor. He stated that “several theories [had] been identified based on the evidentiary material and [that] the investigation [was] ongoing.” He further stated that “the questioning of witnesses and other investigative and security measures [were] still underway and [that] publicising information could damage [that process].” The Chief Prosecutor was asked whether it was the first time an attempt to poison the Patriarch had taken place. He answered that he had not said that the case at hand concerned the Patriarch. 18 .     On the same day, and following the Chief Prosecutor’s briefing, several government officials commented on the matter. The Prime Minister of Georgia made the following statement: “First and foremost, I want to tell you that we were all spared from a serious tragedy; a crime against our country, a treacherous attack on the Church has been suppressed. I would like to point out that the law-enforcement bodies, who worked operatively, efficiently and without excess noise, have spared us from this great misfortune ... In view of these circumstances, I sent members of my personal guard to Berlin, together with the Chief of the Special [State] Protection Service, so that security measures on the ground could be strengthened. It is very important that the investigation be carried out professionally and [that it be] finished. It is important that, as confirmed by the doctors, the surgery went well and the Patriarch is feeling well. I wish him a speedy recovery and a long life for the good of our people and the country ...” The Vice Prime Minister made the following statement: “The most serious crime has been averted. I believe that this was a well-thought-out plan conceived to be [fully] implemented. This would not have been solely an attack on the Church, solely on the Orthodox parish, this would have been an attack on the whole of Georgia, our institutions, the relevant services, the peace and calm of the country. However, [they] failed [in this plan]. I want to thank the relevant services, [but] let us wait for the investigation and other details [that] will become known in the near future. However, there is one thing I want to say, [and that is] that all those identified as guilty will be punished under the law in the strictest terms. The investigation is ongoing and we will know everything, but it is obvious that the specific individual, Mamaladze, was travelling to Germany with a specific poison when he was arrested.” The Minister of Justice stated that “a tragedy [had] been averted which would have caused the destabilisation not only of the Church but of the ... country and [which] would have been a national tragedy.” She had added that “the Patriarch [was] already in safe hands ...”. 19 .     On the same day, the applicant appears to have sent a letter to the Patriarchate alleging corruption in the Church. The content remained undisclosed but led to speculation in the media. 20.     On 14   February 2017 the applicant complained to the CPO about the non-disclosure obligation and applied for it to be lifted at least in part in order that he could inform the public of his position at least regarding the information disseminated by the CPO on 13   February 2017. 21 .     On 14 February 2017 the Public Defender of Georgia (an independent body mandated by the Constitution and the Organic Law on the Public Defender to oversee the observance of human rights and fundamental freedoms in Georgia) stated, among other things, that the applicant’s right to be presumed innocent had been breached. He also stated that he had met with the applicant, who had claimed that he had not been charged in relation to a person holding a high religious position. The Public Defender also stated that the CPO should have made more information public. 22 .     On 16   February 2017 the CPO made a statement that there had been various interpretations and much speculation as to who had been the alleged victim of the acts attributed to the applicant. The CPO further stated that its statement of 13   February 2017 had made it clear that the investigating authorities were working on several theories and that it would refrain from clarifying the matter and the identity of the possible victim in the interests of the proper conduct of the investigation. 23.     On 20   February 2017 the applicant complained to the CPO that his right to the presumption of innocence had been violated on account of the imposition on him of the non-disclosure obligation, alleging that case-file material had been provided to the Patriarchate, and that the CPO had kept informing the public. 24 .     Between 20   February and 12   April 2017, the applicant’s lawyers commented in various media outlets on certain aspects of the criminal case against the applicant. On 20   February 2017 it was announced that the applicant had been charged with “preparation of murder” in relation to Sh.T. and not the Patriarch. On 8   March 2017 the applicant’s lawyer and I.M. advanced their versions in a talk show. I.M. accused the former of fabricating false theories to absolve the applicant of responsibility and influence the public opinion. On 8 and 13 March 2017 the applicant’s lawyers discussed, briefly, the content of the applicant’s statements given to the authorities. Among other things, it was mentioned that the victim had requested the applicant to obtain cyanide for goldsmiths’ use. Similar information was revealed in other comments made by the applicant’s lawyers on 10   and 12   April 2017. 25 .     On 27 February 2017 I.M. gave an interview to the media, stating that he did not believe the applicant had acted alone. He stated that the evidence in the case had been “reliable and difficult to listen to” and that the applicant and his lawyers had been aware of that fact but had, in his opinion, nevertheless tried to mislead the public. He indicated that it had been he himself who had suspected the applicant of plotting to kill the Patriarch, informing the CPO accordingly. He also reiterated that all the circumstances needed to be established by the investigation. 26 .     On 7   March 2017 the CPO responded to the applicant’s applications of 14 and 20   February 2017, reiterating the importance of the non-disclosure obligation while the criminal investigation was actively ongoing. It refused to lift the obligation in order to preserve the interests of justice and the safety of the participants in the criminal proceedings. 27 .     On 8   March 2017 one of the prosecutors in the applicant’s case held a press conference regarding the preliminary results of the investigation. He stated that more than thirty witnesses had been questioned and that over ninety investigative measures, including expert examinations, had been carried out. I.M. was named as the person who had informed the investigating authorities that the applicant had asked him to obtain cyanide. It was confirmed that he had provided the authorities with secret recordings of the relevant conversations with the applicant and a piece of paper on which the word cyanide had, according to I.M., been written by the applicant. The CPO also confirmed, for the first time, that the alleged victim had been Sh.T. (see paragraph   12 above). It further stated that the investigation had had doubts as regards the broader circle of victims, which had led to the Patriarch’s protection being strengthened during his stay in Germany. With regard to expert examinations carried out on the applicant’s telephone and personal computer, the CPO stated, among other things, that “it has been established that Giorgi Mamaladze, for the purposes of murdering [the victim], attempted to obtain information on the Internet, via Google, regarding kalium cyanide”. On the same day, a video lasting slightly under eighteen minutes was uploaded to the CPO’s YouTube channel. It included conversations with the applicant recorded at different points in time by I.M. The video showed various conversations involving I.M. and the applicant (see paragraph   9 above). The recording then featured a dark background with text and a voice ‑ over stating that the expert examination of the applicant’s computer had revealed information about the webpages visited by him and information searched on the Internet concerning kalium and natrium cyanide, listing them one by one. A section of text message exchanges between the applicant and I.M. and apparently other individuals was also included in the publicised material. 28 .     On 10   March 2017 I.M. gave a thirty-eight-minute interview to a journalist. He reiterated, among other things, that the applicant had indeed asked for his help in obtaining cyanide, which he had found suspicious. He had decided to inform some lawyers of that request and his suspicions. As the lawyers had not believed him, he had then decided to record his exchanges with the applicant and to notify the law-enforcement authorities. I.M. then described his subsequent meetings with the applicant. He also stated that it had been his own suspicion, of which he had informed the CPO, that a high ‑ level religious figure had been targeted. I.M. claimed to have been certain that the applicant had succeeded in acquiring the cyanide, even if he had not known where and how. He reiterated that the criminal investigation was ongoing and would determine what exactly had happened, including who the potential victim had been. 29 .     On 13   March 2017, after the applicant had finished giving his statement to the prosecution, which appears to have been made subject of intense speculations, the prosecutor made a statement claiming that the applicant’s explanations had been “absurd”. It was noted that the applicant had first claimed that the cyanide had been solicited on behalf of the victim for the use by goldsmiths. It was then allegedly claimed by the applicant that the victim had intended to commit suicide by the poisonous substance in question. The prosecutor also stated, as regards some phrases uttered by the applicant in the covert recordings, that the applicant had explained that he had been joking. 30.     On 5   April 2017 the applicant complained about the non-disclosure obligation and of a violation of his right to the presumption of innocence on account of the CPO’s publicising of various excerpts from the case file, including the secret recordings, accusing the CPO of attempting “to influence public opinion” and to portray him as guilty. Referring to some news segment, the applicant further alleged a violation of his right to the presumption of innocence on account of various public statements made by government officials. 31 .     On 8 April 2017 the CPO reiterated its position regarding the non ‑ disclosure obligation (see paragraph 26 above). As regards the dissemination of various material, it stated that it had merely informed the public, due to the heightened interest, of the developments in the case without prejudice to the interests of the investigation and the safety of the parties in the criminal proceedings. 32 .     On 3   October 2017 the CPO opened an investigation into allegations that information and material concerning the closed criminal trial had been leaked to the media. On 4   October 2017 the applicant’s lawyers were summoned for questioning in this regard. No further information is available regarding that investigation.   CLOSURE OF THE TRIAL AND THE APPLICANT’S CONVICTION Closure of the trial proceedings 33 .     On 19   May 2017 the prosecutors in the applicant’s case made an application to the Tbilisi City Court requesting that the trial be closed in order to protect the interests of justice, public morals, public order and privacy. They argued, among other things, that the case file had contained audio and video recordings and witness statements regarding the intimate details, personal life and moral qualities of religious figures, including the applicant. Discussion of such material publicly would result in a breach of the rights of the individuals concerned. Additionally, revealing such “categorically unacceptable, negative information” to the press and the public would, according to the prosecutor, risk causing “agitation in the public ... taking radical forms and threatening public order”, considering that the majority of the Georgian population were Orthodox Christian. Making such information public was against public morals as the circumstances revealed by it were in stark contrast to the ethical standards associated with religious figures. The prosecutors also noted that the privacy of other witnesses (not holding religious positions) had to be protected. It was further argued that closure of the trial would enable the parties in the proceedings to participate fully and give statements without fear of having sensitive personal information made available to the public, who had otherwise expressed a keen interest in the case. It would also enable the trial court to deliberate on sensitive matters without pressure from the public and the media. The trial court was reminded of its obligations under Article   8 of the Convention. 34 .     As regards the interests of justice, the prosecutors argued that threats had been made against a witness and that a special protection measure had been applied in that regard. Additionally, the criminal investigation regarding the other individuals potentially involved in the case and the question of where and how the applicant had acquired the poisonous substance was ongoing. The public nature of the trial would jeopardise those proceedings. The prosecutors’ application referred to apparent breaches of the non ‑ disclosure obligation by the applicant’s lawyers in March 2017 by giving certain information to the public, and stated that that obligation alone, without the closure of the trial, had been ineffective in preventing the publicising of sensitive information concerning the case. The prosecutors further argued that given the nature of the sensitive information contained in the case file and the need to present the evidence to the witnesses during their questioning, closing the trial in part would not be effective to achieve the aims they had set out. The applicant, by contrast, would be able to fully participate in the proceedings, with full respect to the principles of an adversarial trial and equality of arms, without any evidence being withheld from him. 35 .     In reply, the applicant maintained that he wanted the trial to be public. He stated that the prosecutors’ application lacked grounds and specific details as to whose protection they sought. As regards his personal life, the applicant stated that he had nothing to hide. He further argued that the excerpts of personal and intimate conversations available in the case file had nothing to do with the core of the case against him. The applicant stated that if the rights of some witnesses were alleged to be protected by the closure of the trial, his rights also necessitated protection – by holding a public hearing – in view of the accusatory statements made in respect of him and reference to the offence “averted” by his arrest. He stated, in this connection, that the main witness in the case had given unlimited and detailed information to the public, assuming the role of the investigating authorities, and that the Chief Prosecutor’s Office had made numerous statements regarding him and had disseminated excerpts from the covert material available in the case file. In such circumstances and considering the non-disclosure obligation imposed on him and his lawyers, a clear need existed, according to him, to hold a public trial. The applicant also stated that if a fully public trial was considered impossible, a partial closure of the proceedings was possible in his case and would ensure the protection of the different interests of the parties in the proceedings. 36 .     On the same date, the judge allowed, in an open hearing, the prosecutor’s application to close the trial. He took note of the applicant’s arguments but found the prosecutors’ application to be well-founded, stating that the constitutionally guaranteed right to privacy obliged the court to respect the private life of the multiple individuals, including the religious figures, relevant to the proceedings against the applicant. It was noted that consideration of such personal information in public proceedings would undermine public morals. The need to protect a witness and the ongoing criminal investigation regarding the threats made against that witness was further grounds for allowing the prosecutors’ application. The trial court thus ordered the full closure of the proceedings. Tbilisi City Court’s judgment 37 .     On 5 September 2017 the Tbilisi City Court found the applicant guilty as charged (see paragraph   12 above) and sentenced him to nine years’ imprisonment. 38 .     The court’s 62-page judgment addressed various items of evidence available in the case file on a number of issues. This included more than eighty witness statements, numerous video and audio recordings and text messages, data retrieved from the applicant’s laptop, and various expert reports and statements confirming the authenticity of the evidentiary material. Referring to this evidence, including the applicant’s own statements reflected in the judicially authorised covert recordings and statements given to the court by various witnesses, the trial court established the applicant’s animosity towards the victim of the crime with which he had been charged, noting that she had been perceived by him as standing in the way of his career advancement and influence in the Church. The court found that the audio and video recordings   and text messages reflecting the applicant’s interactions with I.M. (see paragraphs   9 and   27 above) and the data retrieved from the applicant’s personal devices confirmed the following: the applicant had started to search for information concerning cyanide and its impact on the human body on the Internet at the end of 2016 and had found out that a goldmine operating in Georgia had been using the substance in its operations; he had contacted I.M. and asked for his help in obtaining cyanide; experts had confirmed that the paper which the applicant had given to I.M. with the inscription “cyanide” had contained the applicant’s handwriting and genetic material; the applicant had initiated contact with I.M. voluntarily and had been very secretive during the whole process; the applicant and I.M. had been on friendly terms and on several occasions before the events in question the applicant had acted as I.M.’s secret source on various issues concerning the management of the Church and its property; the applicant had chosen I.M. because the latter’s journalistic work had concerned, for a time, the operations of a goldmine and the applicant had assumed that I.M. would have connections to people with access to cyanide, which was used to extract gold. The trial court noted I.M.’s passive role in the exchanges with the applicant and the active solicitation of cyanide by the latter. The court also emphasised the following: the applicant had made frequent enquiries with I.M. regarding his request for help in obtaining cyanide; the applicant had only agreed to have natrium cyanide obtained instead of the kalium cyanide he had initially sought after becoming convinced, by having checked information on the Internet, that it had a similar toxicity and lethal impact on the human body; the applicant had sought information on how to use the two substances (and had found that natrium cyanide was to be dissolved in water while kalium cyanide had to be dissolved in food); the applicant had enquired regarding the neutralising effect the consumption of sugar had on the toxicity of the poison and various witnesses had confirmed that Sh.T. generally avoided eating sugary foods; the applicant had asked I.M. for guarantees that he would obtain cyanide valid for use and had asked him about the likelihood of traces of it being found in an expert examination; the applicant had also expressed an interest in being appointed to Sh.T.’s position; his answer to I.M.’s question regarding Sh.T.’s fate had implied that she would be dead and on another occasion he had implied that she had to be killed; the applicant had been in a rush to obtain cyanide and had explicitly confirmed that he had intended to take the cyanide to Germany where he was to join the Patriarch’s delegation. The trial court explained that the applicant had intended to poison the victim in Germany because he had wished to avoid cyanide being detected in her body as the passage of time, according to experts, would minimise or even exclude the chances of traces of it being detected. 39 .     The court also addressed, among other arguments, the applicant’s submission that it had been the victim Sh.T. who had asked him to obtain the cyanide for goldsmiths’ use, finding that account uncorroborated by the evidence available in the case file, including Sh.T.’s own statements and confirmation by goldsmiths explicitly ruling out any use of cyanide in their work. The court added that the level of secrecy and caution with which the applicant had solicited the cyanide, as well as other interactions on the matter revealed by various investigative measures (including his interest regarding the lethal uses of the poison), rendered the applicant’s version unconvincing. The court further noted, as regards the applicant’s submissions made throughout the proceedings that his version of events had kept changing based on the information provided by the prosecution and, in any event, had been contradictory and uncorroborated by witnesses and other evidence available in the case file. 40 .     Addressing the applicant’s argument that the cyanide found in his suitcase had been planted, and that no fingerprint or other examination had been carried out on it, the court stated that the seizure, sealing and examination of the suitcase had been carried out in urgent circumstances, based on the information made available by the covert measures indicating that the applicant had purchased his ticket some hours before the flight. This had, according to the court, justified the implementation of the relevant measures without applying for a prior judicial authorisation to that end. These measures were subsequently declared lawful by a court and the defence had not appealed against any of the relevant judicial decisions. The court also considered, referring to witness statements given by the airport staff that the luggage could not have been tampered with after the applicant had checked it in at the airport. The trial court also noted that the lock on the suitcase and the seal subsequently put on it by the investigators had been intact, as confirmed by the neutral witness (airport staff member), and that the airport security X-ray had not had, as demonstrated by statements given by the airport’s personnel, the capacity to detect the package in the applicant’s suitcase. As regards fingerprint and other expert examinations, the court stated that although the investigating and prosecuting authorities had deemed a fingerprint examination unnecessary, the applicant had been free to order one but had not done so. As to the question of where exactly the applicant had acquired the cyanide, the court stated that the inability to determine that element of the case did not render the applicant’s trial unfair. It held that many drug or firearm-related offences had similar characteristics in that it was normally impossible to determine when or how the object of the offence had been obtained. 41 .     Having regard to the above considerations, the court concluded that the applicant had intended to poison Sh.T. and intentionally created conditions for committing murder, amounting to “preparation of murder” under the criminal law. As regards the second count relating to possession of a firearm and ammunition (see paragraph   12 above), the court explained that in accordance with domestic law and practice, possession, for whatever purpose, of firearms valid for use was sufficient for a conviction on that count. 42 .     As regards the holding of the proceedings in camera and the applicant’s related objections, the Tbilisi City Court referred to Article   182 of the Code of Criminal Procedure and cited several grounds which had, in its opinion, justified the application of the impugned measure. It stated that the case file had contained “information regarding the personal life of the participants in the proceedings and other persons, the divulging of which would have breached their constitutionally protected right to respect for a private life” and such individuals’ “public and private interests”. Additionally, according to the court, the case file had also contained “personal, and frequently intimate, information regarding religious figures” and their discussion in a public hearing would, in the court’s opinion, have “inflict[ed] significant damage on a large part of society, taking into account the religious belief of the majority of the Georgian population” and “the religious and moral principles established in society”. The court further held that, according to the case file, a special protection measure had been applied in respect of certain participants in the proceedings and an investigation had been launched into threats made against one of the prosecution witnesses. These measures had created, in the court’s opinion, a reasonable expectation that conducting the proceedings in public would jeopardise the life and health of the individuals concerned. The trial court concluded that “the protection of private life, individuals’ safety and the moral and ethical norms established in society” had taken precedence over the interest of the publicity of the trial. In that regard, “the court emphasise[d] that the closure of the proceedings [had not had] an impact on the court and the fairness of the proceedings.” It was noted that “the rights of the [applicant] provided for under the Constitution of Georgia, the European Convention on Human Rights and the Code of Criminal Procedure of Georgia had been fully respected and implemented, [and that] the [applicant] and all six lawyers defending his interests had benefited from the [equality of arms] in the proceedings.” 43 .     As concerns the imposition of the non-disclosure obligation on the applicant, the trial court held that it had been the investigating bodies’ obligation to impose it in order to protect the legitimate interests of the investigating authorities not to risk divulging information regarding third parties’ personal lives and jeopardising a separate criminal investigation (concerning the acquisition of cyanide). As regards the applicant’s argument that the prosecution had been free to comment on the case in public, as opposed to the defence, the court noted that the defence had also made remarks on television and provided the public with its version of events. Additionally, the court held that it could not have been influenced by any statements outside the courtroom as its consideration of the applicant’s case had been limited to the assessment of the evidence in an adversarial trial, with full respect to the principle of the equality of arms. 44.     On 4 October 2017 the applicant lodged an appeal. He disagreed, extensively, with the first-instance court’s finding of facts, assessment of the evidence, application of substantive and procedural criminal law, and the outcome of the proceedings, suggesting that his version of events h