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The European Court of Human Rights has today given notification in writing of 2 judgments concerning Georgia and Poland

European Court of Human Rights - 3/24/2023 4:35:00 PM

Pirtskhalava and Tsaadze v. Georgia (application no. 29714/18)

The applicants, Irakli Pirtskhalava and Giorgi Tsaadze, are Georgian nationals who were born in 1968
and 1972 respectively.
In 2006 two civilians were shot dead in a major police operation in Tbilisi. The applicants were
among the approximately 50 police officers involved. At the material time the first applicant was
deputy head of the criminal police unit of the Ministry of the Interior (the unit in charge of
implementing the operation) and the second applicant was a senior officer of that unit. The case
concerns the applicants' being charged for their role in the events along with nine others. The case
against seven of the others was later separated and those officers became witnesses against the
applicants along with other witnesses. The applicants were convicted of aggravated murder.
Relying on Article 6 (right to a fair trial) of the European Convention on Human Rights, the applicants
complain that their convictions were based on unreliable witness testimony by police officers who
had previously been their co-accused. Mr Pirtskhalava also complains that he was unable to call
certain witnesses in his favour.


No violation of Article 6 § 1


Rogalski v. Poland (no. 5420/16)

The applicant, Rafal Rogalski, is a Polish national who was born in 1976 and lives in Warsaw. He is a
lawyer.
The case concerns Mr Rogalski's lodging of a criminal complaint on behalf of a client in connection
with an ongoing investigation into forged contracts. He was found guilty of making a criminal
complaint without reasonable suspicion in the course of his legal work. He was fined and also had to
pay costs.


Relying on Article 10 (freedom of expression) and Article 6 (right to a fair trial) of the European
Convention, Mr Rogalski complains of the national courts' finding him at fault for lodging what was
for them an unsubstantiated criminal complaint. He also alleges that two judges of the High
Disciplinary Court were biased.
Violation of Article 10