CASE OF KIGURADZE v. GEORGIA

FOURTH SECTIONCASE OF KIGURADZE v. GEORGIA(Application no. 25784/23) JUDGMENT Art 6 § 1 (civil) • Access to court • Discontinuation of the applicant’s defamation proceedings against a Member of Parliament on account of parliamentary immunity protecting statements made in exercise of parliamentary duties not disproportionately limiting right of access to court • Interference with a clear basis in law • Legitimate aim of allowing free speech for the people’s representatives and maintain separation of powers between legislature and judiciary • Rule of parliamentary immunity not in principle a disproportionate restriction on the right of access to court • Breadth of parliamentary immunity in Georgia comparable to a number of Council of Europe member States • Domestic application of rule of parliamentary immunity not automatic • Existence of a clear link between MP’s statement and his parliam …