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Violations of Article 8
Alleged violation of article 8 of the Convention in respect to the first applicant
Article 8 . Right to respect for private and family life
Everyone has the right to respect for his private and family life, his home and his correspondence.
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
The first applicant submits that article 8 of the Convention has also been violated with respect to him for the following reasons:
On 26 December 2005 after the first applicant's illegal detention by the Mtskheta regional prosecutors' office, the prosecutors started to put serious pressure on the first applicant's sister, Alexandra O. The cause of this pressure was that the first applicant had been detained and accused of the crime proscribed by article 130, par. 2, of the criminal code of Georgia. Consequently, the applicant's sister, who was a probationary prosecutor in the Tbilisi prosecutors' office was forced to resign.
The first applicant's sister, Alexandra O., applied to the General Prosecutor and the Public Defender of Georgia several times. She noted that the prosecutor of the Mtskheta regional prosecutors' office, N. Dg., called her to his office and demanded that she resign. In the course of this action, he told her that he had been instructed to obtain her resignation by the general prosecutors' office of Georgia.
The Tbilisi prosecutor, G. Gv., put similar pressure on her. The connection between Alexandra O's dismissal and the first applicant's detention is also proved by the following circumstance: when Alexandra O. met with the Tbilisi prosecutor in his office she met there the investigator of the first applicant's criminal case, Levan Ga., and the prosecutors of the Mtskheta regional prosecutors' office, Guram Ok. and Ilia Pinturia.
The first applicant's sister informed the general inspector of the general prosecutors' office and the human rights protection department about these acts of pressure. In February 2006 the prosecutor of the general inspection of the general prosecutors' office of Georgia, Rusudan Ka., called Alexandra O., because an internal investigation had been initiated on the question of whether Alexandra O's resignation resulted from psychological pressure. The prosecutor, Rusudan Ka., accepted Alexandra O's explanation in this matter. Nevertheless, in the reply received from the General inspection, it was noted that the prosecutor of the Mtskheta regional prosecutors' office, N. Dgebuadze, had not committed any illegal action.
All the foregoing proves that the first applicant's sister, Alexandra O., tried to ward off improper pressures by the representatives of the law-enforcement bodies by applying to the proper organs with the letters and complaints. On 5 January 2006 the Mtskheta regional prosecutors' office submitted to the general inspection of the general prosecutors' office a complaint initiating the criminal prosecution of Alexandra O. The next day, on 6 January, Alexandra O. resigned. The same day she handed over to the chancellery all the criminal cases that she was in charge of investigating. On 9 January the General prosecutors' office appended instructions to her application for resignation.
Consequently, Alexandra O's every attempt to struggle against the pressure and the violation of her labour rights was unsuccessful. Finally, she was forced to resign.
Considering the foregoing, the first applicant's right to inviolability of the family life proscribed by Article 8 of the Convention, has been violated.
Therefore, in accordance with the European Convention on Human Rights, Article 3, 5, 6, 7 and 8, the European Court of Human Rights may declare the application admissible and review this case for a chain of substantive violation of the applicants human rights.
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