GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
31
reasonable opportunity of putting forward their case or that the domestic
courts’ findings were tainted with manifest arbitrariness (contrast, mutatis
mutandis, Denisova and Moiseyeva v. Russia, no. 16903/03, §§ 59-64,
1 April 2010).
(d) Conclusion
114. In the light of the foregoing, having regard to the Georgian
authorities’ wide margin of appreciation in their pursuit of the policy
designed to combat corruption in the public service and to the fact that the
domestic courts afforded the applicants a reasonable opportunity of putting
their case through the adversarial proceedings, the Court concludes that the
civil proceedings in rem for the forfeiture of the applicants’ property, based
on a procedure which was moreover in line with the relevant international
standards, did not upset the requisite fair balance.
115. Accordingly, there has been no violation of Article 1 of
Protocol No. 1.
III. ALLEGED VIOLATIONS OF ARTICLE 6 §§ 1 and 2 OF THE
CONVENTION
116. All three applicants complained that the confiscation proceedings
had been conducted in breach of the principle of equality of arms contained
in Article 6 § 1 of the Convention. The first applicant complained that the
confiscation of his property in the absence of a final conviction establishing
his guilt amounted to an encroachment upon the principle of presumption of
innocence.
117. The relevant provisions read as follows:
Article 6
“1. In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a reasonable time
by an independent and impartial tribunal established by law. ...
2. Everyone charged with a criminal offence shall be presumed innocent until
proved guilty according to law.”
A. Admissibility
1. The parties’ submissions
118. The Government contested the applicants’ arguments. They first
submitted that the administrative confiscation proceedings represented a
“civil” dispute within the meaning of Article 6 § 1 of the Convention.
During the examination of that dispute, the domestic courts had given ample
opportunity to the first, second and fourth applicants to submit their written