22
GOGITIDZE AND OTHERS v. GEORGIA JUDGMENT
Interests and Corruption in the Public Service, was deprived of any real
value. The confiscation of the applicants’ property had therefore been
justified by socio-legal and economic considerations, namely the need to
eradicate corruption and to return the illicitly acquired property to the lawful
owners or, in the absence of such, to the State budget.
86. As to the proportionality of the confiscation, the Government argued
that that requirement was satisfied by the fact that the civil dispute between
the State and the applicants had been the subject of a comprehensive judicial
review by an independent and objective court. However, the applicants had
failed to prove, in the relevant judicial proceedings, that they had had legal
incomes that were sufficient to enable them to acquire the property, which
had a much higher value. In this connection the Government also stated that,
given that the impugned confiscation represented a measure to control the
use of property within the meaning of the second paragraph of Article 1 of
Protocol No. 1, the respondent State enjoyed a particularly wide margin of
appreciation in the context of the policy of fighting such a major crime as
corruption.
2. The applicants’ submissions
87. The applicants’ submissions were mostly aimed at criticising the
political and legal reforms undertaken by the Georgian Government in
general, accusing the ruling forces of anti-democratic methods of governing
and of adjusting the law, including the legislation on confiscation, to their
own whims.
88. With regard to the subject matter of the present case, the applicants
confined their arguments to complaining about the major constituent
elements of the administrative confiscation procedure as such. In particular,
they stated that the confiscation of their property had been arbitrary, the
authorities having claimed that it had been obtained as a result of the first
applicant’s corrupt activities, without first having a final conviction against
him proving his involvement in the commission of the impugned activities.
In that regard they stated that the first applicant had been convicted of the
offences with which he had been charged on 25 August 2004 (see
paragraph 9 above); the launching of that criminal case had acted as a spur
to the initiation of the administrative confiscation proceedings, as late as
January 2010, that is, five years after the confiscation order had become
final (see paragraph 36 above; no copy of the first applicant’s conviction
was submitted). The applicants also complained that the burden of proof in
the confiscation proceedings had been shifted onto them, arguing that,
according to the general principles of criminal procedure, it was always the
public prosecutor who should carry the burden of proving a defendant’s
guilt beyond reasonable doubt.
89. The applicants also argued that the confiscation of their property had
not been a provisional measure but, on the contrary, an irreversible act,