CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 7 septembre 2023

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GEORGIA (Applications nos. 43627/16 and 71667/16)   JUDGMENT   Art 6 § 1 (criminal) • Fair hearing • Impartiality of second jury that reached guilty verdict in retrial of applicant’s case • Subjective test met • Lack of sufficient evidence establishing that second jury influenced by statements of individual high-ranking public officials on first jury’s failure to reach a verdict • Presiding judge’s handling of risks sufficient to dispel any objectively held fears or misgivings about the second jury’s impartiality • Sufficient counterbalancing factors Art 6 § 1 (criminal) and Art 6 § 3 (d) • Fair hearing • Examination of indirect evidence at applicant’s trial approached with sufficient caution by presiding judge • Admittance into evidence of an absent witness’s statement which was important but not “determinative of the outcome of the case” and not sole or decisive basis for applicant’s conviction • Sufficient factors counterbalancing any resulting difficulties for the defence • Overall fairness of the criminal proceedings not irretrievably prejudiced Art 6 § 1 (criminal) • Fair hearing • Absence of reasons in jury verdict counterbalanced by applicant being allowed to choose between trial by jury or by professional judge, concrete safeguards throughout proceedings and examination of the merits of his appeal on points of law • Court of Appeal’s decision sufficiently and adequately reasoned   STRASBOURG 7 September 2023   FINAL   07/12/2023   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Okropiridze v. Georgia, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:   Georges Ravarani , President ,   Lado Chanturia,   Carlo Ranzoni,   Stéphanie Mourou-Vikström,   María Elósegui,   Kateřina Šimáčková,   Mykola Gnatovskyy , judges , and Martina Keller, Deputy Section Registrar, Having regard to: the applications (nos.   43627/16 and 71667/16) 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 Okropiridze (“the applicant”), on 22 July and 25   November 2016 respectively; the decision to give notice to the Georgian Government (“the Government”) of the complaints under Article 6 §§ 1, 2 and 3 (d) of the Convention concerning alleged irregularities and procedural failures in jury trial proceedings conducted against the applicant and to declare the remainder of application no. 71667/16 inadmissible; the parties’ observations; Having deliberated in private on 4 July 2023, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The present application concerns the alleged unfairness of the criminal proceedings conducted against the applicant. In particular, the applicant complained under Article 6 § 1 of the Convention that his conviction had been based on a jury verdict that had not contained any reasons, that the jury had not been impartial and that his appeal on points of law had been dismissed by the appeal court in an unsubstantiated manner. The application also concerns, under Article 6 §§ 1, 2 and 3 (d) of the Convention, the alleged violation of the presumption of the applicant’s innocence and the issue of the admissibility in evidence of a statement of an absent witness and of a body of hearsay evidence. THE FACTS 2.     The applicant was born in 1989 and is detained in Tbilisi. He was represented before the Court by Mr B. Botchorishvili, 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.         APPLICANT’S ARREST 5.     On 2 September 2014 at about 7.30 p.m., L.M. was shot dead in the centre of Tbilisi. On 12 September 2014 the applicant was arrested on suspicion of the aggravated murder of L.M. and unlawful acquisition, possession and carrying of firearms. 6 .     On the day of his arrest, the Ministry of the Interior released information about the applicant on its website (http://www.police.ge) and on social media. In a press release, the Ministry stated that the applicant had attempted to flee to the Tskhinvali region (South Ossetia [1] ) and had been handed over to the Georgian police by the de facto authorities of the region. The Internet posts by the Ministry withheld the applicant’s full identity and referred to him as Giorgi O. The video footage that accompanied the press release showed the applicant handcuffed and being conveyed by armed officers wearing camouflage uniforms. The applicant’s face was fully visible on the footage. The video footage was accompanied by the following statement: “As a result of joint operational investigative measures conducted by ..., Giorgi O., born in 1989 and previously convicted of murder, was arrested on charges of aggravated murder and unlawful acquisition, possession and carrying of firearms. According to the findings of the investigation, on the night of 2 September 2014 in Abashidze Street, Vake, [the applicant] inflicted several gunshot wounds to L.M., born in 1987, who later died in hospital, while Giorgi O. fled the crime scene. The accused attempted to abscond by going to the occupied territory of the Tskhinvali region, where he was detained by the de facto authorities ...” 7.     The Ministry of the Interior deleted the news post from its website on 23   December 2015, but according to the applicant, the same content remained on social media thereafter. 8.     Within a few hours following the applicant’s arrest, the First Channel of the Georgian Public Broadcaster and other media outlets broadcast the information released by the Ministry. Most of the media identified the applicant by his full name in their reports. 9.     On 13 September 2014 the applicant was charged with aggravated murder and unlawful acquisition, possession, and carrying of firearms – offences under Article 109 § 3 (e) and Article 236 §§ 1 and 2 of the Criminal Code respectively. The applicant protested his innocence. On the same day the Tbilisi City Court, acting at the prosecution’s request, ordered his pre-trial detention.       PRE-TRIAL INVESTIGATION 10 .     On 3 September 2014 the applicant’s girlfriend, T.A., was interviewed. According to the record of the interview, on 2 September 2014 she had spoken with the applicant by telephone and had then seen him shortly thereafter for a couple of minutes at a café in Tbilisi at around 8 p.m. At around 9.30 p.m. the applicant called her again, asking her to meet him at his grandmother’s apartment. She went there straight away. Upon her arrival she noticed that the applicant had in the meantime changed his clothes; instead of a pair of short blue jeans and a light-coloured buttoned shirt that he had been wearing earlier that day, he was in a pair of dark trousers and a short-sleeve T-shirt. He said that he had to leave the city urgently and wanted to say goodbye. In reply to her question as to what was happening, he said that he would sort everything out. Later in the evening, she learnt from a friend that L.M. had been killed and she immediately thought that her boyfriend might have been somehow linked to the murder. 11 .     On the same date, after the above interview, the applicant’s grandmother’s apartment was searched. As a result, the police found a pair of blue jeans and a light-coloured buttoned shirt, both wet, hidden in a sofa. Several other items, such as an electric shock device, handcuffs, a firearms cleaning kit and a bulletproof vest, were also seized from the apartment. 12 .     On 4 September 2014 the police interviewed the applicant’s friend, V.B. According to the latter’s statement, on 2 September 2014 he had been with the applicant when the incident happened. Earlier that day V.B. had spent the afternoon driving in his car in central districts of Tbilisi with two other friends and the applicant. At some point, when they were in the Vake district, the two other friends left. V.B. and the applicant continued driving, as the applicant was waiting for his girlfriend’s telephone call. They saw L.M. standing on the street with another man. According to V.B., the applicant asked him to make a U-turn and get closer to them. When they got closer, V.B. stopped the car; the applicant got out of the car and within seconds, having asked one or two questions to L.M., the applicant took a gun out of his belt and shot L.M. two or three times. L.M. fell to the ground while the applicant got back into the car and asked V.B. to drive away. They drove away and shortly thereafter the applicant got out of the car and asked V.B. to leave the city for a while. In reply to a specific question, V.B. said that he did not know whether the applicant had been in conflict with L.M. and that the applicant had never talked to him about the matter. 13 .     On various dates in September, October and November 2014, the competent investigator conducted several interviews with, among others, the applicant’s friend G.A., the latter’s mother, N.A. and her husband, M.Ts. According to their statements, at around 11 p.m. on 2 September 2014 the applicant had gone to their home asking for help. He said that there had been a fight in the Vake district, that he had wounded someone and that he therefore had to leave Tbilisi. He asked N.A., who had relatives in the Tskhinvali region, to help him to go there, and that from there he would go to Russia. In their statements they explained how they had arranged for the applicant to travel to the Tskhinvali region. In an additional statement given on 9 November 2014, N.A. stated that the applicant had confessed to her that he had killed L.M. 14 .     On 7 October 2014 O.K., L.M.’s close friend, was interviewed. He said that his mother had called him late at night on 2 September 2014 and had told him about his friend being shot. O.K. had gone to the hospital, where he had learnt that the applicant had killed his friend and had then fled the crime scene in a car belonging to V.B. 15 .     On 14 October 2014 L.M.’s mother, N.D., was interviewed. According to her statement, it had become known in the neighbourhood that her son had been killed by the applicant. She said that she personally did not know him, nor did she know anything about her son’s relationship with him or about any possible motive behind the murder. 16.     On 30 October 2014 M.K. and R.K., two relatives of N.A. (see paragraph 13 above), were interviewed. They both confirmed N.A.’s version of how the applicant had travelled to the Tskhinvali region, noting that on the night of 3-4 September 2014 the applicant had slept over in their house in a village close to the Tskhinvali region. 17 .     During the relevant period, the investigative authorities carried out numerous other investigative measures, such as an examination of the crime scene, as a result of which two bullet cartridges were taken for ballistic examination; an examination of V.B.’s car, including a scent and fingerprint analysis, which confirmed the presence of traces left by the applicant in the car; the covert taping of certain telephone conversations; and the examination of recordings from various video surveillance cameras.     PRE-TRIAL CONFERENCE 18 .     On 15 December 2014 the Tbilisi City Court held a pre-trial conference during which the applicant, assisted by three lawyers of his own choice, was advised about his right, in view of the nature and seriousness of the charges brought against him, to a jury trial under Articles 219 and 226 of the Code of Criminal Procedure (“the CCP”, see the relevant provisions cited in paragraph 45 below). The judge informed him in detail of the relevant procedure, including the fact that under Article 266 § 2 of the CCP, a person found guilty of a crime by a jury had the right to a one-time appeal on points of law against that guilty verdict. After being informed about the relevant procedure, and having consulted his lawyers, the applicant consented to having his case examined by a jury. 19.     During the pre-trial conference, the court also heard applications by the parties on the admissibility of evidence. The pre-trial judge ruled the prosecution evidence admissible, except for additional interviews of N.A. and M.Ts. dated 23 October 2014, which he did not admit in evidence on procedural grounds. In connection with the defence’s application not to admit O.K.’s statement into evidence on the ground that it had constituted hearsay evidence, the judge noted that it did not merely constitute hearsay evidence and that it provided information concerning other relevant circumstances of the case. All of the witnesses were allowed to testify before the jury.    FIRST JURY TRIAL AND SUBSEQUENT PUBLIC STATEMENTS 20 .     During the trial the jury heard about a dozen prosecution witnesses, among them V.B., T.A. N.A., G.A., M.Ts., R.K., M.K., N.D. and O.K. The jurors were also presented with multiple expert and forensic reports and dozens of procedural documents concerning various investigative measures. On 1 June 2015 the applicant’s defence lodged an application asking the presiding judge to reject as inadmissible in whole or in part the statements of the prosecution witnesses N.A., G.A., M.Ts., R.K., M.K., N.D. and O.K. on the ground that they constituted hearsay evidence. According to the defence, none of the persons concerned were witnesses to the events immediately relevant to the applicant’s guilt; their statements simply contained accounts of the crime allegedly committed by the applicant as told to them by third persons or by the applicant himself (which he denied). In support of his application the applicant referred to the judgment of the Constitutional Court dated 22 January 2015, in which the court had concluded that the legal procedural framework concerning the admission of and reliance on hearsay evidence, as in force at the material time, did not offer sufficient procedural safeguards (see paragraph 48 below). Having heard the parties’ arguments, the presiding judge dismissed the applicant’s application in its entirety. She ruled, with reference to the above-mentioned judgment of the Constitutional Court, that it did not outlaw reliance on hearsay evidence as such, but simply refined the relevant procedure. She further noted that the statements in issue while being indirect were only partially hearsay, as they also provided information concerning other relevant circumstances of the case; and that it was beyond her judicial discretion to indicate to the jurors which parts of those statements to rely on, and which parts to neglect. According to the presiding judge, it was up to the jurors to hear such evidence and assess its relevance and reliability through the prism of other evidence presented to the parties and having regard to the directions of the presiding judge given on the matter. In that connection, with reference to the relevant case-law of the Court, she noted that precise and detailed directions concerning the rules on the assessment of evidence had already been given to the jurors, and additional directions would be given in due course. 21 .     On 13 May 2015 the applicant requested, in line with Article 231 of the CCP, that certain changes be made to the jury instructions prepared by the presiding judge. Notably, he requested that detailed explanations be given to the jury concerning the nature of hearsay evidence, including with reference to the relevant judgment of the Constitutional Court. It appears from the case file that part of the changes proposed by the applicant was taken into account and incorporated into the jury instructions. 22.     On 5 June 2015, following a trial that lasted several days, the jury failed to return a verdict. The applicant remained in detention. The presiding judge discharged the jury and scheduled hearings for the selection of a new jury. On the same day, various television channels, including the Public Broadcaster, aired an interview with the then Minister of Justice, in which she stated the following: “The jury institution is alien to the Georgian legal system [and] to our legal traditions. At minimum, it requires a reform. We may even consider abolishing it in view of the problems we encounter in practice... I was surprised by the verdict that had been reached, and if I had been a juror today, I would have surely been among those seven who found Okropiridze guilty.” 23 .     On the same day, during a live broadcast of a talk show on the private television channel Imedi, the then first Deputy Chief Prosecutor stated the following: Deputy Chief Prosecutor: “... the prosecution service of Georgia is very disappointed with the result of the trial. Sadly, we lacked one juror’s vote for [the jury to return] a guilty verdict. It was something we had not really expected in view of the evidence that we had collected in the criminal case and the strong evidence showing that L.M. had been murdered by Giorgi Okropiridze. ... We put ample effort into the case. We did everything possible to achieve a guilty verdict. However, it did not happen, but we hope that in the next jury trial we will be able to make it happen, and justice will be served. ...” Journalist: “I wonder why the prosecution service failed to achieve a guilty verdict. Did the prosecution case lack something that led the jury to deliver such a decision regarding Okropiridze?” Deputy Chief Prosecutor: “A jury trial is completely different from an ordinary trial. In this instance, a decision is made not by professional lawyers, but by lay persons. In some cases, it may not be important whether there is enough evidence and whether the prosecution case is supported by a sufficient body of evidence, but some other circumstances may matter. This is particularly true if we take into account the usual mentality of Georgians. Speaking from a professional lawyer’s perspective, there are many questions regarding the institution [of the jury trial]. This category of cases – involving very serious crimes – must be tried by professional judges ...” 24 .     On 7 June 2015 a relative of L.M. stated in a televised interview that one of the jurors had visited the victim’s mother at home and had discussed the details of the jury deliberations with her. On 9 June 2015 the Tbilisi prosecutor’s office initiated an investigation into the possible offence of breach of secrecy of jury deliberations (Article 367(1) of the Criminal Code) and the possible offence of obstructing legal proceedings (Article 364 of the Criminal Code). According to the case file, those proceedings are still pending. 25 .     On 8 June 2015 various media outlets, including the private television channel Rustavi 2, broadcast an interview with the then Prime Minister, who stated: “It is outrageous that a person accused of murder could not be brought to justice. We witnessed the entire collapse and the fiasco of ... the institution of a jury trial. We must review this and rectify the flaws in [this institution]. The family of the victim – L.M.’s family – of course has an absolutely fair demand that the criminal be punished. The State must be there to ensure this. How? By what methods? There are competent authorities to do this. It is unacceptable to me that this institution has in reality failed. This is a total collapse, and we have to address it as soon as possible.” 26.     On 8 June 2015 the applicant was charged, in the course of a separate criminal case, with false accusation of alleged ill-treatment against him in prison. On 9 June 2015 the Tbilisi City Court remanded him in pre-trial detention in connection with the second set of criminal proceedings. On 17   September 2015 the applicant applied to the Tbilisi City Court requesting that the second detention order be set aside. In that connection, on 18   September 2015 the prosecutor D.N., in reply to a question from an Internet news agency, InterPressNews, stated the following: “... Bearing that in mind, and also taking into account the fact that Giorgi Okropiridze has committed serious crimes and is a threat to society, we do believe that the court will not grant the request for his release and will keep him in detention.” 27.     On the same date, the prosecutor D.N. made a similar statement in an interview with a private television company, Maestro, in which he asserted that the applicant had “committed a crime” but referred to him as “the accused”. 28 .     On 9 June 2015 the Tbilisi City Court issued a statement asking the media, the parties to the proceedings and all those otherwise related to the ongoing trial of the applicant to abstain from making any statements or comments on the case. The court noted that since the proceedings were continuing and a new jury was to be selected, any such statements and public debates concerning the case could adversely affect the administration of justice.      SECOND JURY TRIAL 29 .     On 10 June 2015 a new jury selection process began, with several hearings held between June and November 2015. The presiding judge closed the hearings to the public, reasoning that the measure was necessary in view of “the events that had unfolded after the first jury trial” and in order to prevent undue pressure on potential jurors. When selecting the jurors, the presiding judge listed all the criteria that jury candidates had to satisfy, including that a candidate who had expressed personal views concerning the pending criminal case or whose personal experience might render his or her participation in the trial unfair could not serve on the jury. The trial judge subsequently approved the withdrawal of one of the candidates in view of her declaration that she could not be objective on account of having been exposed to media coverage of the case. Eventually, fifteen jurors (twelve jurors and three substitutes) were selected. 30 .     The jury trial started on 2 December and opened with the presiding judge reading out the charges against the applicant and the legal basis thereof. Then she addressed the jury, providing them with a short description of the relevant factual circumstances (as narrated by the prosecution), followed by instructions concerning, inter alia , the elements of the offences in question, the principle of the presumption of innocence, and the rules regarding assessment of evidence. In respect of the latter issue, the presiding judge explained that not everything that was going to be discussed during the trial constituted evidence; that the parties’ opening statements and concluding arguments, as well as the questions they would put to witnesses, did not constitute evidence; and that anything the jurors might hear outside the courtroom was to be ignored, including information coming from the parties to the proceedings. At the request of the defence, the presiding judge also instructed the jurors on the meaning of hearsay evidence. The jurors were then individually given a copy of written instructions. The presiding judge also warned the jury not to discuss the case outside of the jury room. 31.     During the second trial the applicant reiterated his request, with reference to, inter alia , the judgment of the Constitutional Court of Georgia of 22 January 2015 (see paragraph 48 below), that the following items of prosecution evidence be declared inadmissible: O.K.’s statement and certain parts of the statements of N.A., G.A., M.Ts., M.K., R.K. and N.D. as being hearsay evidence; and various statements of V.B. given at the pre-trial investigation and trial stages, as being contradictory. In connection with the evidence given by V.B., the presiding judge concluded that, in the absence of manifest contradiction between his statements (Article 75 § 2 of the CCP), it was within the competence of the jury to decide on the credibility and reliability of the witness and to assess the strength of his evidence. As regards the statements of O.K., N.A., G.A., M.Ts., M.K., R.K. and N.D., the presiding judge noted that along with certain hearsay evidence, the above-mentioned witnesses had provided other important factual information relevant to establishing the circumstances of the case. Accordingly, it was within the competence of the jury to hear and examine their evidence. She stressed in that connection that in line with the requirements of Article 231 of the CCP (instructions to the jury by the presiding judge), she was expected to give them explicit and direct instructions concerning the nature of hearsay evidence and the manner in which it should be assessed. 32.     During the second trial the applicant had also complained of a breach of the presumption of his innocence on account of the statements made by high-ranking public officials concerning the outcome of the first jury trial, and of a breach of the secrecy of jury deliberations and voting during the first trial. His request to admit into evidence the impugned statements, as well as information about the criminal investigation that had been initiated, was rejected by the presiding judge. 33 .     During the trial the prosecution informed the presiding judge that on 10 May 2015 witness T.A. had left Georgia to go to the United States. The prosecution lodged an application requesting on the basis of Article 243 of the CCP (cited in paragraph 47 below) that a written statement and a video ‑ recorded statement of T.A. be admitted into evidence. The prosecution explained that, because of the time difference, she could not participate in the trial remotely and, therefore, she had decided to record her interview with a notary present. The presiding judge dismissed an application by the defence for the statement and the video recording not to be admitted into evidence. At the same time, she gave the following directions to the jury: “For the attention of the jury, I would like to provide an explanation about what we have just heard. We have just examined and listened to a recording that has been certified by notarial deed. However, this is not a testimony, and we should not treat it as such, since a testimony is given by a witness under oath. ... this is merely a statement, as it was not given under oath ... you should treat this document as one of the items containing information – as a piece of evidence concerning the case, but not as a testimony. In the event that the court decides to read out the testimony [which T.A. gave before the investigative authorities], you will have the opportunity to compare, analyse and assess the credibility of T.A.’s video statement vis-à-vis her testimony.” 34 .     In her video-recorded statement, T.A. confirmed the accuracy of her initial statement given during the pre-trial investigation stage. She stated that at around 9.30 p.m. on the day of the murder, the applicant had called her from an unknown mobile telephone number and asked her to go and meet him at his grandmother’s apartment. When she got there, she noticed that he had changed out of the clothes he had been wearing earlier during the day – a short-sleeved, light-coloured buttoned shirt and denim shorts. He said that he had been experiencing some difficulties and had to leave the city. T.A. recalled that in July 2014 the applicant and L.M. had had a conflict. She also noted that the applicant had an explosive character and that she had tried to persuade him to get psychiatric help. She stated that his behaviour had been getting out of control for no reason and, as a result, their relationship had been suffering. 35 .     All the remaining prosecution and defence witnesses, thirty-four altogether, were heard by the jury during the retrial of the applicant’s case. In particular, V.B. reiterated his statements given at the pre-trial investigation stage that he had been with the applicant during the events and had seen him shoot the victim (see paragraph 12 above), while N.A., G.A., M.Ts., M.K. and R.K. reiterated their version of how the applicant had travelled to the Tskhinvali region. The jurors were also presented with various forensic reports, including alternative expert reports prepared by the defence, and dozens of procedural documents concerning various investigative measures. The applicant chose to remain silent. At the same time, as it appears from the case material, throughout the trial the defence referred several times to the applicant’s possible alibi without providing its details and failing to identify potential alibi witnesses. 36.     After the final submissions of the prosecution and the defence had been heard, the jury was called to answer the following “yes or no” questions put to it by the presiding judge: 1)     Did the applicant commit the following offences or not? -   unlawful acquisition and possession of a firearm (an offence under Article 236 § 1 of the Criminal Code of Georgia); -   unlawful carrying of a firearm (an offence under Article 236 § 2 of the Criminal Code of Georgia); 2)     Did the defendant commit or not commit intentional murder as a repeat offender (an offence under Article 109 § 3 (e) of the Criminal Code)? 37.     On 25 December 2015 the second jury found the applicant guilty of aggravated murder (an offence under Article   109 § 3 (e) of the Criminal Code) by ten votes to two. At the same time, they found him not guilty of unlawful acquisition and possession of a firearm (an offence under Article   236 § 1 of the Criminal Code) by nine votes to three, and not guilty of unlawful carrying of a firearm (an offence under Article 236 § 2 of the Criminal Code) by eight votes to four. 38.     On 26 December 2015 the Tbilisi City Court convicted the applicant on the basis of the jury’s verdict and sentenced him to twenty years’ imprisonment. The sentence was passed in the absence of the jury, as requested by the defence.    APPEAL PROCEEDINGS 39 .     On 25 January 2016 the applicant appealed on points of law against the guilty verdict. The applicant argued that he was unable to understand the verdict on account of, inter alia , the lack of reasons and the allegedly mutually exclusive findings in respect of his guilt. He further disputed the admission into evidence of the statements given by N.A., G.A., M.Ts., R.K., M.K., N.D. and O.K., asserting that they had constituted hearsay evidence. He submitted that with that procedural decision, the presiding judge had acted in breach of Article 266 § 2 (a) and (b) of the CCP and the relevant judgment of the Constitutional Court. He also asserted that the admission into evidence of the video statement of an absent witness, T.A., had violated his right to equality of arms, as he had not been allowed to cross-examine her. Among many other allegations, the applicant maintained that the statements of various public officials, including the then Prime Minister and the Minister of Justice, had unduly influenced the jury and violated the presumption of his innocence and that the pre-deliberation jury instructions had been unlawful, as the judge had told the jurors not to be influenced by emotion or sympathy for the applicant. 40.     Throughout the following months the applicant made several written submissions to the court to supplement his appeal. In one of those submissions, he alleged that it was V.B. who had committed the murder. 41.     On 21 July 2016 the Tbilisi Court of Appeal, sitting as a panel of three judges, dismissed the applicant’s appeal on points of law without holding an oral hearing. By way of introduction, the Tbilisi Court of Appeal noted that it had been the applicant’s choice to have his case decided by a jury; he had been informed in detail about the legal implications of his decision during the pre-trial conference on 15 December 2014, including the fact that the jury’s verdict would contain no reasons. The appeal court further held that the presiding judge had not breached any procedural rules concerning the conduct of jury trials, and that the equality of arms between the parties had been ensured. With regard to the admission and assessment of the evidence, it held as follows: “... As regards the defence’s allegation that part of the evidence ... did not prove any circumstances and that certain statements were, inter alia , contradictory, repeatedly changed, not accurate, and at variance with other evidence, the foregoing does not constitute grounds for declaring the evidence inadmissible. At the outset, the panel would note that the circumstances noted above represent an opinion of the defence and [are subject in their entirety] to the rules on the assessment of evidence. It should be noted that the defence availed itself of the right to make an opening statement and closing argument. In addition, the rules on the assessment of evidence were explained to the jury in a rather detailed manner. ... The jurors were also provided with detailed explanations concerning indirect (hearsay) evidence ... Accordingly, the fact that the presiding judge did not reject as inadmissible at the very first hearing the witness statements obtained during the investigation, and other evidence at the subsequent hearings, did not constitute an unlawful decision.” 42 .     In connection with the video-recorded statement of T.A., the Tbilisi Court of Appeal held: “As regards the showing of the video of the statement of the witness [T.A.], recorded before a notary, the panel notes that a document constitutes evidence if it contains information essential for the establishment of the factual or legal circumstances of a criminal case. A document is any source in which information is recorded in the form of words and signs and/or photo, film, sound, or other forms of recording, or through other technical means. In accordance with the first paragraph of Article 78 of the [Criminal] Code of Procedure, a document shall have an evidentiary value, at the request of a party, if its origin is known and it is authentic. A document or other physical evidence is admissible in evidence if a party can examine as a witness the person who obtained/created and/or kept the evidence ...” The court further held that the video-recorded statement of 15 December 2015 had been admitted into evidence on the basis of Article 239 of the CCP and that the parties had had adequate means at their disposal to challenge its relevance, admissibility and accuracy. 43.     The Tbilisi Court of Appeal further noted that in line with the requirements of Article 231 of the CCP, the defence had been given a written copy of the jury instructions prepared by the presiding judge and had been invited to make comments or to request any changes to the instructions; the defence had availed itself of that opportunity and most of its comments had been taken into consideration. In accordance with Article 231 § 2 of the CCP, the defence was thus prevented from complaining in its appeal on points of law that the jury instructions had been unfair and unlawful. 44 .     As regards the allegations of the breach of the applicant’s presumption of innocence, the appeal court held: “As to the allegations of the applicant concerning the breach of the presumption of his innocence by public officials, [their] groundless accusations and other related circumstances, the panel cannot entertain those, because the appeal on points of law is examined having regard to the concrete grounds referred to in Article 266 of the Code of Criminal Procedure of Georgia. RELEVANT LEGAL FRAMEWORK AND PRACTICE DOMESTIC LAW AND PRACTICE    Trial by jury 45 .     The nature and workings of the jury trial system introduced in Georgia on 1 October 2010 were described in Kikabidze v. Georgia (no. 57642/12, §§   21-24, 16 November 2021) and Rusishvili v. Georgia (no. 15269/13, §§   27-30, 30 June 2022). The relevant Articles of the Code of Criminal Procedure (“the CCP”) concerning jury trial proceedings, as in force at the material time, read as follows: Article 219. Pre-trial conference “... 3.     If a defendant is charged with an offence that merits a jury trial, the judge is obliged to explain to the defendant the provisions concerning the jury trial and his or her related rights. Then, the judge shall enquire whether the parties refuse to have the case heard by jurors. If the parties do not jointly reject the option of a jury trial, the judge shall appoint a date for the selection of jurors.”   Article 226. Jury trial “1.     If the charges involved attract a custodial sentence, the case shall be heard by a jury, unless the defendant requests that the case be examined without the participation of a jury. If, in view of the seriousness and nature of the offence, a threat could be posed to the life or health of jurors or if their inviolability could otherwise be compromised, or if the conduct of a jury trial substantially breaches the right to an objective and fair trial, the court dealing with the case shall, at the request of a party to the proceedings and with the consent of the President of the Supreme Court of Georgia, decide to hear the case without a jury. 2.     The composition of a jury trial shall guarantee its independence and impartiality ...” Article 231. Instructions to the jury by the presiding judge “1.     The presiding judge shall instruct the jury on the applicable law at the opening of the trial and before the jury retires to the deliberation room. The instructions given by the presiding judge shall not contradict the Constitution of Georgia, this Code or the international obligations undertaken by Georgia. The instructions shall also be given to the jury in writing. 2.     These instructions shall also be given to the parties in writing a reasonable time in advance. The parties may request the presiding judge to make amendments or additions to the instructions. If the parties fail to avail themselves of this right before the jury retires to the deliberation room, they shall be prohibited from raising a complaint in any appeal on points of law concerning the fairness and lawfulness of the instructions. 3.     Before the jury retires to the deliberation room, the presiding judge may briefly instruct the jurors on the rules for assessing the evidence examined at the trial. He or she shall give these instructions in accordance with the rule set out in paragraph 2 of this Article. When instructing the jury, the presiding judge shall not express in any way his or her personal position with respect to the issues which fall within the competence of the jury. 4.     The presiding judge shall instruct the jury on the following: (a)     the content of the charges and their legal basis; (b)     the main rules concerning the evaluation of evidence; (c)     the concept of the presumption of innocence and the principle that any doubt shall require a decision in favour of the defendant; (d)     that a guilty verdict shall be based on the law as explained by the presiding judge and the body of incontrovertible evidence examined during the trial; (e)     that the jurors have the right to make notes and use them during the trial; (f)     that the verdict shall be based only on the evidence presented at the trial, that no evidence shall be taken into consideration on the instruction of others, and that the verdict shall not be based on assumptions or on inadmissible evidence; (g)     the rule on returning a verdict in respect of each count of the charges; (h)     that the jury shall first vote on the verdict of not guilty on all charges. If that verdict is not reached, then the jury shall vote on the verdict of guilty in respect of each of the charges in order of ascending gravity; (i)     that the jury shall sign only one verdict form in respect of each of the charges – either ‘not guilty’ or ‘guilty’. 5.     The presiding judge shall, at the end of the instructions, remind the jurors that they are under oath. 6.     After hearing the presiding judge’s instructions, the jury may address the latter with additional questions in writing. Additional instructions shall be given in accordance with the procedure provided in the first paragraph of this Article. 7.     The presiding judge shall be obliged, at the request of a party, to explain to the jury that the defendant may have committed a less serious offence, the constituent elements of which form the basis of the offence with which the defendant is charged. In suc