CEDH · CASELAW;COMMUNICATEDCASES;ENG — 14 mars 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s1DE04B9 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 2 April 2024   FIFTH SECTION Application no. 4106/24 Shotiko SADAGHASHVILI and Tornike GELITASHVILI against Georgia lodged on 30 January 2024 communicated on 14 March 2024 SUBJECT MATTER OF THE CASE The applicants are two journalists who were allegedly physically and verbally assaulted on 5 July 2022 by two private individuals while filming a report for a private television company, TV Monitoring. The applicants lodged a criminal complaint alleging that they had experienced fear and humiliation on account of the incident and had as a result been prevented from performing their professional duties. An investigation was initiated promptly under Article 154 of the Criminal Code (the criminal offence of hindrance to journalists’ professional activities). As it appears from the case file, the criminal proceedings are still ongoing. The applicants were refused victim status in the above proceedings and their various procedural requests, concerning, among others, access to the investigative file, were also dismissed. According to the applicants, on 5 July 2024 the investigation will become time-barred. The applicants complain, under Article 10 of the Convention, of the violation of their freedom of expression, on account of the lack of effective investigation into their allegations of an attack on account of their journalistic activities. They also invoke in this connection Article 13 of the Convention.         QUESTIONS TO THE PARTIES 1.     In so far as the investigation into the assault on the applicants is concerned, did the Government discharge their positive obligation under Article 10 of the Convention to take all necessary measures to investigate conduct designed to restrict journalistic activity, including private violent acts committed against journalists (see, among other authorities,   Khadija Ismayilova v. Azerbaijan , nos. 65286/13 and 57270/14, §§ 158-66, 10   January 2019; see also Özgür Gündem v. Turkey ,   no. 23144/93, §§ 42-46, ECHR   2000 ‑ III, and Najafli v. Azerbaijan , no. 2594/07, §§ 57-70, 2 October 2012)?   2.     Did the applicants have at their disposal an effective domestic remedy or a combination of remedies for their complaint under Article 10 of the Convention, as required by Article 13?