Case: case_218

Atomic Facts:
[{"fact_id": "F001", "text": "The present case primarily concerns the applicant's complaint that his arrest at a demonstration had amounted to an interference with his rights to freedom of expression and freedom of assembly, in breach of Articles 10 and 11 of the Convention.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "The present case primarily concerns the applicant's complaint that the imposition of a custodial sanction in respect of administrative offences had amounted to an interference with his rights to freedom of expression and freedom of assembly, in breach of Articles 10 and 11 of the Convention.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "The applicant was born in 1980.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "text": "The applicant lives in Tbilisi.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F005", "text": "The applicant was represented before the Court by Mr I. Chitashvili, a lawyer practising in Tbilisi.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F006", "text": "The Government were represented by their Agent, Mr B. Dzamashvili, of the Ministry of Justice.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F007", "text": "The facts of the case, as submitted by the parties, may be summarised as follows.", "source_paragraph": 4, "section_path": ["THE FACTS"]}, {"fact_id": "F008", "text": "The applicant is a civil society activist.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F009", "text": "The applicant has been a member of the Georgian Labour Party since 2019.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F010", "text": "According to the applicant, fourteen sets of administrative-offence proceedings were instituted against him throughout the course of his activism, including the one at the heart of the present application.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. BACKGROUND TO THE CASE"]}, {"fact_id": "F011", "text": "On 29 November 2019 a demonstration was held in front of the National Parliamentary Library of Georgia.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F012", "text": "The demonstration on 29 November 2019 was part of a series of protests about the Parliament of Georgia's failure to adopt amendments to the Constitution of Georgia meant to facilitate the transition of the parliamentary electoral system from a 'mixed-member' system to one of proportional representation (see Makarashvili and Others v. Georgia, nos. 23158/20 and 2 others, §§ 5-6, 1 September 2022).", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F013", "text": "The demonstration on 29 November 2019 was attended by opposition politicians, civil society activists and ordinary citizens.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F014", "text": "The location of the demonstration on 29 November 2019 in front of the National Parliamentary Library of Georgia was apparently chosen because the Minister of Justice had been scheduled to give a speech there.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F015", "text": "The exact number of participants in the demonstration on 29 November 2019 remains unclear.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F016", "text": "Video material relating to the demonstration on 29 November 2019 shows a couple of hundred individuals gathered at the site.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F017", "text": "Video material relating to the demonstration on 29 November 2019 shows a large number of police officers gathered at the site.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F018", "text": "The Minister of Justice entered the National Parliamentary Library of Georgia with the help of a police cordon on 29 November 2019.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F019", "text": "Video coverage of the demonstration on 29 November 2019 shows that the demonstrators attempted several times to break through the police cordon and force their way to the entrance of the National Parliamentary Library of Georgia while the Minister of Justice was there.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F020", "text": "Video coverage of the demonstration on 29 November 2019 shows that the pavement and narrow road leading to the entrance of the National Parliamentary Library of Georgia were largely occupied by people who had gathered at the demonstration, including police officers.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F021", "text": "Footage from the demonstration on 29 November 2019 shows the police telling the demonstrators that their actions were contrary to the law and that they could not block the entrance to the National Parliamentary Library of Georgia or the road.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F022", "text": "Footage from the demonstration on 29 November 2019 shows some demonstrators yelling inaudible phrases at the police officers while the officers remained calm.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F023", "text": "Six individuals, including the applicant, were arrested on 29 November 2019 on various grounds.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F024", "text": "It does not appear that the demonstration on 29 November 2019 was dispersed.", "source_paragraph": 6, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F025", "text": "At some point during the demonstration on 29 November 2019, the applicant turned towards the police officers, allegedly in response to the police calls to clear the road, holding beans in his hand and shouting loudly that beans used to be 'gruel for slaves'.", "source_paragraph": 7, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F026", "text": "According to the case file, the applicant then threw the beans at the police officers, crying out 'slave gruel for the police'.", "source_paragraph": 7, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F027", "text": "The video footage available in the case file shows that the applicant was arrested immediately after throwing beans at the police officers.", "source_paragraph": 7, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F028", "text": "The applicant's arrest took place at 11.45 a.m. on 29 November 2019.", "source_paragraph": 7, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F029", "text": "The applicant was escorted to the Tbilisi police station for having allegedly committed offences under Article 166 of the Code of Administrative Offences (disorderly conduct/minor hooliganism).", "source_paragraph": 7, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F030", "text": "The applicant was escorted to the Tbilisi police station for having allegedly committed offences under Article 173 of the Code of Administrative Offences (disobeying lawful orders of a law-enforcement officer/insulting a law-enforcement officer).", "source_paragraph": 7, "section_path": ["THE FACTS", "II. APPLICANT'S ARREST AND DETENTION"]}, {"fact_id": "F031", "text": "According to the administrativ

Fact Mapping:
{"list1": {"scope": ["F011", "F012", "F013", "F016", "F024", "F025", "F026", "F027", "F008", "F009"], "interference": ["F027", "F028", "F085", "F086"], "prescribed_by_law": ["F131", "F085"], "legitimate_aim": ["F025", "F026", "F031", "F035", "F098", "F101"], "necessity": ["F012", "F013", "F016", "F024", "F025", "F026", "F027", "F008", "F009", "F080", "F081", "F082", "F089", "F085", "F086", "F110", "F121", "F122", "F128", "F102"], "positive_obligation": []}, "list2": {"scope": ["F011", "F012", "F013", "F016", "F024", "F025", "F026"], "interference": ["F027", "F085", "F086"], "prescribed_by_law": ["F131", "F085"], "legitimate_aim": ["F025", "F026", "F031"], "necessity": ["F012", "F024", "F025", "F026", "F008", "F009", "F081", "F086", "F110", "F128", "F121", "F122"], "positive_obligation": []}, "list3": ["F012", "F025", "F026", "F024", "F086", "F081", "F110", "F128", "F122"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "implied"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "implied"}, "scope_participation": {"conclusion": "yes", "discussed": "explicit"}, "scope_peaceful": {"conclusion": "yes", "discussed": "explicit"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law_foreseeable": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": null, "discussed": "not_discussed"}, "legitimate_aim": {"conclusion": "yes", "discussed": "explicit", "aims": ["prevention_of_disorder", "rights_of_others"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}