“Bartai vs Georgia” (application No. 10978/06) unanimously decided

Author: Julia Fedchenko, lawyer

Commentary

Exit: 08/10/2018

On 07/26/2018, the European Court of Human Rights (Strasbourg) in the case of Bartaia v. Georgia (application No. 10978/06) unanimously adopted a decision refusing the court to postpone a meeting on a petition of a lawyer who participates in another process, and the consideration of the case in this regard without a representative is a violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), which provides for the right to a fair trial. "The right to a fair trial includes, among other things, the right of the parties to the proceedings to provide arguments which they consider to be relevant to their case. Since the Convention is intended to guarantee rights that are practical and effective, they can be considered effective if the applicant can indeed be heard by the court, that is, his or her arguments are properly investigated by the courts ... "In this case, the question of whether the court will satisfy the petition for transfer to a court session in the absence of a certain representative, if the representatives of the party are few (in an order) Attached to the case file indicated lko same representatives or representatives of the party, if others participated in the meeting per dvydovyh) remains open.