CEDH · CASELAW;COMMUNICATEDCASES;ENG — 22 avril 2025

.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 } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 12 May 2025   FOURTH SECTION Applications nos. 20789/24 and 21462/24 Saba BRACHVELI against Georgia and Nika ROMANADZE against Georgia lodged on 18 July 2024 and 22 July 2024 respectively communicated on 22 April 2025 SUBJECT MATTER OF THE CASE The applications concern, under Articles 5 § 1, 10 and 11 of the Convention, the administrative arrest and imposition of fines for disorderly conduct in a public square. The alleged offence involved the applicants, Mr   Saba Brachveli (“the first applicant”) and Mr Nika Romanadze (“the second applicant”), displaying banners during a peaceful street demonstration. The banner, written in Georgian, contained an inscription that likened the spelling of the then Prime Minister of Georgia’s first name to an obscene slang term for the human penis. The incident occurred on 2 June 2023 as a form of protest against the Prime Minister’s public statement of 30 May 2023, in which he claimed that one of the reasons for Russia’s aggression against Ukraine was “Ukraine’s aspiration and determination to join the N[orth] A[tlantic] T[reaty] O[rganization].” As a result, the applicants were forcibly removed from the protest site and held in police custody for 48 hours. They were later found guilty of the administrative offence by a final court decision on 18 December 2023, which was served on them on 10 and 17 June 2024. Each applicant was ordered to pay a fine of 500 Georgian Laris (approximately 180 euros). The first applicant complained under Article 5 § 1 of the Convention that his administrative arrest was unlawful. Additionally, both applicants contended that their conviction for the administrative offence of disorderly conduct in a public square, as defined under Article 166 of the Code of Administrative Offences, constituted a violation of their rights to freedom of expression and peaceful assembly, in breach of Articles 10 and 11 of the Convention. QUESTIONS TO THE PARTIES 1.     Was the administrative detention of the first applicant, which reportedly lasted 48 hours, in violation of Article   5   § 1 (c) of the Convention?   2.     Having regard to the administrative sanctions imposed on the applicants for holding banners with the disputed vulgar inscription during the street protest on 2 June 2023, has there been a violation of their rights to freedom of expression and/or freedom of peaceful assembly under Articles   10 and 11 of the Convention (see Peradze and Others v.   Georgia , no.   5631/16, §§   33-47, 15 December 2022)?