ROSTOMASHVILI v. GEORGIA - 13185/07 (Judgment : Article 6 - Right to a fair trial : Fifth Section)

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

Angelika Nußberger, President, Yonko Grozev, Síofra O'Leary, Mārtiņš Mits, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov, Lado Chanturia, judges, and Claudia Westerdiek, Section Registrar,

. A forensic biological examination report (no. 140/162) ordered by a prosecutor and implemented by the Forensic Centre of the Ministry of Labour, Health and Social Affairs between 2 September and 22 October 2004 provided an analysis of bloodstains found on the trousers of one of the brothers. The blood was of type AB (II), the same as that of the victim, while the owner of the trousers had blood type AB (IV).

. A forensic soil examination report (no. 1700/10 ) ordered by a prosecutor and implemented by the Forensic and Special Research Centre of the Ministry of Justice between 7 September and 6 October 2004 provided an analysis of soil found on the brothers' shoes in relation to soil at and around the crime scene. It found that the traces of soil on the brothers' shoes seized from their home had the same characteristics as the soil at the crime scene.

. The applicant's argument that he had an alibi for the presumed time of the crime in the light of the statements given by some of the defence witnesses (see paragraph 10 above) was dismissed by the court. It noted that the statements in question were inconsistent, contradictory and aimed at shielding the accused from criminal responsibility.