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Thursday, 07 September, 2023
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Strasbourg Court Considers Nicanor Melia's Arrest and Detention as a Preventive Measure to Be Legal

With today's decision, the European Court of Human Rights (ECHR) confirmed that Nicanor Melia's arrest and preventive detention were legal and in full compliance with the standards of the European Convention. At the same time, the court unequivocally established that there were no political motives in Nikanor Melia's arrest and did not share the arguments of the applicant.

As is known to the public, during the June 2019 rally, a part of the citizens gathered at the rally under the leadership and direct participation of Nicanor Melia tried to break into the Parliament. In view of the above, he was charged with organising, directing and participating in group violence and was granted bail in the amount of 30,000 GEL as a preventive measure. The court ordered his electronic surveillance.

At the rally on November 1, 2020, Nicanor Melia removed his electronic monitoring bracelet as a sign of protest, thereby violating the conditions of his bail. Accordingly, the Tbilisi City Court increased the bail amount by 40,000 GEL. Since Nikanor Melia refused to pay the bail, according to the court's decision, he was replaced with a preventive measure - bail by imprisonment. After posting bail, he was released on May 10, 2021.

The European Court fully shared the argumentation of the Ministry of Justice (along with the evidence presented) and considered that no article of the European Convention was violated against the applicant.

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The Grand Chamber of the Strasbourg Court Delivers a Judgement on the Cases of the June 20-21, 2019 Demonstrations

The Grand Chamber of the European Court of Human Rights delivered its judgment in the case Tsaava and Others v. Georgia at a public hearing today, 11 December 2025. The case concerns the demonstrations of 20–21 June 2019 and the use of special means to disperse the protesters.

In its judgment, the Grand Chamber reaffirmed that the state has the legitimate right to resort to special means in situations involving attacks or assaults on law enforcement officers and state institutions. The Court also noted that the escalation of the June 20 events and the assault on the Parliament building were encouraged by opposition politicians.

The Court held that the use of force and special means should have been directed exclusively at demonstrators who engaged in violent actions. As the leadership of the Ministry of Internal Affairs at the time failed to ensure adherence to this standard and did not guarantee the proportional use of force, the Court found a violation of Articles 3 (prohibition of ill-treatment), 10 (freedom of expression), and 11 (freedom of assembly) of the European Convention on Human Rights.

The Grand Chamber further noted that the Government of Georgia fully cooperated with the Court during the proceedings and provided all necessary information and materials. Consequently, the applicants’ complaint alleging a lack of cooperation was dismissed. The Court did not find it necessary to examine the complaint under Article 13 (right to an effective remedy).

Following the shortcomings identified in the Chamber’s judgment of 7 May 2024, the government initiated an investigation into the planning and execution of the MIA operation to determine its compliance with the standards established by the European Court.

As a result of this investigation, on 12 November 2025, the Prosecutor’s Office of Georgia initiated criminal proceedings against the former Minister of Internal Affairs, Giorgi Gakharia. The investigation is ongoing.