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Human Rights Center monitors 21 Cases with Alleged Political Motives 

25.05.2022
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Human Rights Center monitors the criminal cases that are allegedly politically motivated in the general courts of Georgia within the frames of the project Legal Aid and Human Rights Monitoring. 

HRC court monitors are currently looking into 21 cases some of which are being heard in the court of first instance, while some others are appealed to Tbilisi Court of Appeals.

1.    The case of Iveri Melashvili and Natalia Ilychova (the case of cartographers). HRC monitors are observing the court hearings of the criminal case ongoing against Iveri Melashvili, the former director of the Bordering Relations Service of the Department for Neighboring Countries within the Ministry of Foreign Affairs, and against, Natalia Ilychova, former chief inspector of the Land Border Defense Department of the Border Police under the Ministry of Interior. They are charged under Article 308(1) of the Criminal Code envisaging the action against Georgia aimed at transferring the entire territory or part of Georgia to a foreign country and/or separating part of the territory from the territory of Georgia. On January 28, 2021, following the petition by the prosecution, presiding judge Lela Kalichenko changed the measure of restraint applied against the defendants with remand on bail of GEL 20,000 each. Further, the court granted the motion of the prosecution to dismiss Iveri Melashvili from his job. The case is being heard by Tbilisi City Court. The judge is Nino Nachkebia. Iveri Melashvili and Natalia Ilychova were arrested on October 7, 2020, one month before the parliamentary elections. 

2.    The case of Giorgi Mumladze. Giorgi Mumladze, a civil activist, is accused of committing an illegal act under Article 353(1) of the Criminal Code of Georgia i.e. a resistance toward a police officer, a special penitentiary officer, or other government officials with an aim to interfere with his/her activities of maintaining public order, to cease or alter his/her activities, further to coerce an officer to a manifestly unlawful act committed with violence or threat of violence. The case is being heard at Tbilisi City Court. 

3.    The Case of Akaki Khuskivadze and Akaki Kobaladze. HRC is monitoring the court proceedings of the criminal case ongoing against Akaki Khuskivadze and Akaki Kobaladze. The accused are charged with committing the criminal acts under Article 339(1), Article 150(2)(b), and Article 151(2)(a) of the Criminal Code of Georgia envisaging the following offense: directly offering to an official some money for his/her benefit, so that he/she take certain action during the exercise of his/her official rights and duties for the benefit of the bribe-giver, further a threat of damaging health, when the person threatened began to have a reasonable sensation of fear that the threat will be carried out, the act committed by a group of persons, i.e. coercing him/her mentally to perform an action abstaining from the performance of which is his/her right, the act committed by a group of persons. Moreover, Akaki Kobaladze is accused of illegal purchase and storage of ammunitions, the offense provided for by Article 236(3)  of the Criminal Code of Georgia. On December 10, 2020, Tbilisi City Court remanded the detainees on bail. They had to pay GEL 10,000 in bail. Judge Giorgi Keratishvili within Tbilisi City Court is hearing the case on the merits.

4.    The case of Besik Tamliani.  Besik Tamliani is charged under article 225(2) of the Criminal Code of Georgia envisaging the participation in group violence accompanied by violence, raid, damage or destruction of another person’s property, use of arms, armed resistance to or assault on representatives of public authorities. In the given case a plea agreement was reached between the Prosecutor’s Office and the other accused persons: Zurab Budaghashvili, Tsotne Soselia, and Kakhaber Kupreishvili. On March 23, 2020, the measure of restraint used against Besik Tamliani was changed with remand on bail of GEL 4,000. He left the prison. In the 2020 parliamentary elections, Besik Tamliani was a candidate for MP of the Parliament of Georgia from the electoral list of the opposition bloc United National Movement: Strength in Unity. The criminal case against Besik Tamliani is still pending with Tbilisi City Court.  He does not accept the application of the Law on Amnesty adopted on September 7, 2021 by the Parliament of Georgia concerning the events of June 20-21 and continues to defend his rights. The criminal case is being heard on the merits by judge Zviad Sharadze.

5.    The case of Besik Tamliani, Emzar Siukaev, Kakhaber Keshikashvili, Stephane Gikoshvili, and Lasha Samkharadze. The defendants were detained on November 29, 2021 at the protest action in support of Mikheil Saakashvili in front of Tbilisi City Court premises. Besik Tamliani, Lasha Samkharadze, and Emzar Siukaev have been charged with an offense under   Article 353(1) of the Criminal Code, while Kakhaber Keshikashvili and Stephane Gikoshvili under  Article 3531(1). Remand on bail was used against Lasha Samkharadze as a measure of restraint, while remand in custody was applied against the rest of the defendants.  The court examined the evidence presented by the prosecution. Judge Lasha Chkhikvadze hears the case on the merits. 

6.    The case of Nikanor Melia. The former MP, Nikanor Melia is charged with an offense under Article 225(1) and (2) of the Criminal Code of Georgia envisaging the organization of acts of group violence and participation in the acts of group violence. The current case pending with Tbilisi City Court is connected with the events of June 20-21, 2019. On February 17, 2021, the court granted in full the motion of the Prosecutor General of Georgia, Irakli Shotadze, to replace the measure of restraint used against the accused with remand in custody. On May 10, 2021, the court also granted the motion of the prosecution to change the measure of restraint applied against the accused to a lighter one. In particular, remand in custody as a measure of restraint applied against Nikanor Melia was changed to remand on bail of GEL 40,000. The bail was allocated by the European Endowment for Democracy (EED) under an agreement between the opposition and the government. The hearing on the merits of the criminal case is going on in Tbilisi City Court with presiding judge Nino Chakhnashvili.

7.    The case of Nikanor Melia and Zurab Adeishvili. The proceedings are pending with Tbilisi Court of Appeals. Nikanor Melia together with the former Minister of Justice Zurab Adeishvili is charged with the offense under Article  332 of the Criminal Code envisaging the abuse of official power. Admittedly, Nikanor Melia was found innocent at the court of first instance in the charges under Article 2051 of the Criminal Code envisaging the concealment of property by means of fraudulent or sham transactions. Judge Vepkhia Lomidze is reviewing the case within the Court of Appeals.

8.    The case of Mikheil Saakashvili and Teimuraz Janashia: Former President of Georgia, Mikheil Saakashvili and former Head of Special State Protection Service Teimuraz Janashia have been charged under Article 182(b) of the Criminal Code envisaging misappropriation of budgetary funds in large amounts (GEL 8,837,461). The prosecution argues that in accordance with the existing agreement between Mikheil Saakashvili and Teimuraz Janashia and the instructions issued by the President, from September 2009 to February 2013, the state funds in the amount of GEL 8,837,461 were embezzled in secret for various services rendered to the President of Georgia and other individuals in Georgia and abroad. The case is being heard at Tbilisi City Court, the presiding judge is Badri Kochlamazashvili.

9.    The case of Mikheil Saakashvili. On charges of illegal crossing of the border, the third President of Georgia Mikheil Saakashvili has been accused by the prosecution because of the fact of illegal crossing of the state border of Georgia under Article 344(1) of the Criminal Code. The trial of Mikheil Saakashvili is pending with Tbilisi City Court.

10.    The case of Mikheil Saakashvili, Ivane Merabishvili, Zurab Adeishvili, Davit Kezerashvili, and Gigi Ugulava: The case concerns the dispersal of the protesters en masse on November 7, 2007, invading TVcompany Imedi and “seizing” the TV company. On November 10, 2021, the measure of restraint applied against Mikheil Saakashvili for the November 7 case was revoked. The court considered at this stage that there was no need for remand in custody. However, since Mikheil Saakashvili is also convicted of two other criminal cases from all three instance courts having been sentenced to 6 years of imprisonment, therefore, lifting the measure of restraint against him in the November 7 case does not change the actual situation as being convicted in the cases Mikheil Saakashvili will continue to serve the penitentiary sentence in the relevant prison facility.  The defense did not attend the hearing for lifting the measure of restraint; in addition to Mikheil Saakashvili, some other high-ranking officials of that time have been prosecuted in this case: Ivane Merabishvili, Zurab Adeishvili, Davit Kezerashvili, and Giorgi Ugulava. Due to the complexity of the case, the case is heard by a panel of judges in Tbilisi City Court with presiding judge Nino Eleishvili.

11.    The Case of Giorgi Ugulava and Aleksandre Gogokhia. The criminal case launched against Giorgi Ugulava the former Mayor of Tbilisi is on the stage of hearing on the merits in Tbilisi City Court. The Prosecutor’s Office charged the accused persons with committing the offense under Article 194 of the Criminal Code envisaging the legalization of illicit income (money laundering). Moreover, the state prosecution in the same case charged Ugulava with abuse of official power on the episode of City Park and with the organization of group action and coercion on the episode of Marneuli. The case will be heard by judge Valerian Bugianashvili of Tbilisi City Court.

12.    The case of Irakli Okruashvili and Zurab Adeishvili i.e. the case of Buta Robakidze. Irakli Okruashvili and Zurab Adeishvili are charged under article 332(3)(c) of the Criminal Code envisaging the abuse of power by a state political official. The case concerns the incident that took place near Didube Pantheon in Tbilisi on November 24, 2004, when the police patrol stopped a car of BMW brand with a driver and five passengers in the car. In the process of seizing and personal examination of the persons, one of the patrol officers, Grigol Basheleishvili accidentally triggered the weapon and shot the left armpit of Amiran (Buta) Robakidze heavily wounding him and causing his death at the scene. According to the prosecution decision, the information on the same night was reported to the Minister of Internal Affairs, Irakli Okruashvili, who instructed the high officials arriving at the scene that they had “to save the reputation of the patrol police” and to give the incident the appearance of an armed assault on the police officers. Further, according to the prosecution decision, following the instructions of the then Prosecutor General of Georgia, Zurab Adeishvili, the investigation was officially conducted in the wrong direction manifested in the affirmation of falsified evidence in the proceedings and reaffirming the versions by high-ranking officials of the Ministry of Interior. Judge Lasha Chkhikvadze within Tbilisi City Court hears the case. 

13.    The Case of Irakli Okruashvili. The Leader of the party Victorious Georgia, Irakli Okruashvili was accused under article 225 of the Criminal Code related to the events of June 20-21, 2019 envisaging the organization of group violence and participation in the violence. Following the judgment from April 13, 2000, Okruashvili was sentenced to 5 years of imprisonment as he was charged with the participation in the offense. Based on the Act or Pardon of the President, like Giorgi Ugulava, Okruashvili also left the penitentiary institution on May 15, 2020. Despite the pardon, Okruashvili appealed to Tbilisi Court of Appeals, where Judge Vepkhvia Lomidze upheld the judgment of the court of first instance. The latter judgment was appealed by Irakli Okruashvili to the Supreme Court. 

14.    The Case of Koba Koshadze.  In the Case of Koba Koshadze, a member of the guard of Irakli Okruashvil, the leader of the party Victorious Georgia was charged with an offense under Article 236 of the Criminal Code envisaging illegal purchase, storage, and carriage of firearms and ammunition. After the Prosecutor’s Office approached the court with a motion to change the measure of restraint, the court canceled the measure of restraint in the form of custody and remanded the accused on bail of GEL 5,000 instead. Koba Koshadze was released from the courtroom. The case is heard by Tbilisi City Court.

15.    The case of Nika Gvaramia: The founder of a TV Company Mtavari Arkhi and the Director-General of the same TV company, Nika Gvaramia is charged under Article 220 of the Criminal Code envisaging the abuse of managerial, representative, or other special powers in an enterprise or other organization against the lawful interests of this organization for acquiring benefits or advantage for oneself or another person, which has resulted in considerable damage. On May 16, 2022, Nika Gvaramia was sentenced by Tbilisi City Court to 3 years and 6 months of imprisonment. Judge Lasha Chkhikvadze heard the case. 

16.    The case of Zurab and Shalva Tsotsorias, Elguja Tsomaia, Giorgi Narimanidze. The above persons were arrested on charges of covering the crime after the ex-president Mikheil Saakashvili arrived in Georgia. They have been charged under Article 375(2) of the Criminal Code i.e. for concealing a serious crime without prior promise punishable by one to four years of imprisonment. On October 4, 2021, judge Jemal Kopaliani of Tbilisi City Court granted the motion of the prosecution to remand Elguja Tsomaia in custody. On October 1, law enforcement officers detained Elguja Tsomaia for having provided his flat to wanted person Saakashvili. According to the investigation, Elguja Tsomaia knew that Ukrainian citizen Mikheil Saakashvili was wanted for a serious crime by the Ministry of Interior of Georgia. Nevertheless, on September 30, 2021, he proactively let Saakashvili temporarily use the flat in Tbilisi for hiding purposes. Further, the investigation argues that on September 29, 2021, after the illegal crossing of the border by Mikheil Saakashvili, Zurab and Shalva Tsotsorias rendered a car service to take Saakashvili to a village in Samegrelo. On October 5, 2021, following the motion by the prosecution, Judge Giorgi Gelashvili of Tbilisi City Court remanded both Tsotsorias, the father and the son, in custody as a measure of restraint.  Giorgi Narimanidze, the driver of the truck who is the fourth person detained in the case of the third President, does not plead guilty. According to the investigation, Giorgi Narimanidze was in the truck by which Mikheil Saakashvili arrived from Abasha to Tbilisi, so being aware of the route of the Ex-President entering the country, Narimanidze concealed the fact. The investigation is carried out under Article 375(2) of the Criminal Code of Georgia meaning the concealment of a serious crime without prior promise. The case is being heard at Tbilisi City Court. 

17.     The case of Giorgi Rurua: one of the founders and shareholders of TV company Mtavari Arkhi, and one of the organizers of the protest demonstrations of June 20-21, 2019, is charged under Article 236(3) and (4) of the Criminal Code (illegal purchase, storage, and carriage of firearms); he was also charged under article 381(1) of the Criminal Code envisaging the failure to execute a court decision or interference with the execution of a court decision. On July 30, 2020, the judge of the criminal panel of Tbilisi City Court, Valerian Bugianishvili rendered a judgment of conviction against Giorgi Rurua sentencing him to 4 years of imprisonment. The court found Giorgi Rurua guilty of both charges. Following the Act of Pardon by the President of Georgia, on April 27, 2021, the convict was released from the penitentiary facility. The President made the decision after the Agreement of April 19, 2021 (Charles Michel Document) was signed by the opposition parties, according to which a legal mechanism of release should have been applied to Giorgi Rurua. The case of Giorgi Rurua is being currently heard by Tbilisi Court of Appeals. 

18.    The case of Alika Kuprava: Judge Tsitsino Rokhvadze of the panel of administrative matters of Tbilisi City Court heard the case. According to the statement by the agent of the police at the court hearing, on November 8, 2021, Alika Kuprava was walking near a place of public gathering at N61 Ketevan Tsamebuli Avenue in Tbilisi.  According to the police, Kuprava was aggressive, shouting loud and cursing towards police officers who in response called on him to calm down but Kuprava ignored the call. Alika Kuprava was consequently arrested under Articles 166 and 173 of the Code of Administrative Offenses. The court heard the statements of the parties. The petition by the defense to recuse the judge was rejected.  

19.     The case of Mamuka Khazaradze, Badri Japaridze and Avtandil Tsereteli. Former Chairman of the Supervisory Council of TBC Bank, Mamuka Khazaradze, and his deputy, Badri Japaridze (at the time being the leaders of the political organization Lelo for Georgia) are charged under Article 194(2)(a) and (3)(c) of the Criminal Code envisaging the legalization of illicit income in large amounts carried out by an organized group. While the charges brought against the father of the owner of TV company TV Pirveli, Avtandil Tsereteli read the assistance in the legalization of illicit income (Article 25 and Article 194(2)(a) and (3)(c) of the Criminal Code). The hearing of the criminal case is over at Tbilisi City Court.  On January 12, 2022, Tbilisi City Court rendered the judgment on the case of Mamuka Khazaradze, Badri Japaridze, and Avtandil Tsereteli. In particular, the court subsumed the charges brought against Mamuka Khazaradze and Badri Japaridze shifting from legalization of illicit income (money laundering) to the Article of fraud, while the charges against Avtandil Tsereteli were subsumed from participating in the money laundering to participation in a fraud.  However,  under the judgment announced on January 12, judge Giorgi Arevadze found Mamuka Khazaradze and Badri Japaridze guilty of the offenses under Article 180(2)(a) (fraud committed by more than one person with a preliminary agreement) and 180(3)(b) (fraud committed in large quantities) of the Criminal Code sentencing them to 7 years of imprisonment each. Further, according to the judgment, Khazaradze and Japaridze were released from prison sentences because of the limitation period of the criminal prosecution. At this stage, the case is being heard at Tbilisi Court of Appeals.

20.    The case of people detained on the counter-protest of July 5, 2021. According to the Ministry of Interior of Georgia, on July 5 and 6, during the homophobic rally against the March of Dignity planned by various organizations in Tbilisi, several participants of the counter-protest were detained for violence against journalists and illegal interference with professional activities of journalists.  HRC monitors the court hearings of the case in Tbilisi City Court against Mukhran Dadvani, Irakli Tsignadze, Nikoloz Guledani, Bakar Maisuradze, Tornike Gabliani, Vano Burduli, and David Kochiashvili. The cases of the above persons are combined being heard by judge Besik Bugianishvili of Tbilisi City Court. The prosecution charges the accused persons with the offenses under Article 225(2), Article 156(2)(a) and (b), and Article 154(2) of the Criminal Code.

21.    The case of Megis Kardava. Tbilisi City Court hears the criminal case of Megis Kardava, a former high-ranking official of the Ministry of Interior and Military Police.  The prosecution charges him with having tortured three prisoners in Penitentiary Facility N8 in 2011.  Megis Kardava has been charged under Article 1441 (2) of the Criminal Code i.e. torture envisaging 9 to 15 years of imprisonment. The case is being heard on the merits and the evidence is being examined.  The defendant stated that the case against him is politically motivated and he refuses to participate in the court hearings. 


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