European Court of Human Rights passed precedent-related judgment against Georgia.
The European Court approved the violation of the European Convention on Davit Gorgiladze’s case though it was precedent-related judgment and dealt with other prisoners too.
Manana Kobakhidze, head of non-governmental organization “Article 42 of the Constitution”, stated that every person, whose cases were discussed by the Supreme Court of Georgia from 1999 to 2005, can appeal to the court for repeated discussion.
According to Kobakhidze, European Court concluded on Gorgiladze’s case that the members of the Supreme Court of Georgia, who discussed the case, did not comply with the international standards. More precisely, Strasbourg Court estimated that the right to fair trial guaranteed by the Article 6 of the European Convention was breached since it was discussed by incompetent judges. In 2003 one judge and two barristers, who were not lawyers by profession, discussed the case on Gorgiladze. In 1997 according to the Law of Georgia on General Courts the regulation of barristers’ activities was abolished and their activities were not lawful. They participated in the discussion illegally. The Collegium of barristers was abolished in 2005. Georgia verified the European Convention in 1999 so it was obliged to discuss suits in accordance to the convention.
Bearing the above in mind the European Court imposed fine of 5 000 Euro on Georgia to pay Gorgiladze.
Besides that violation the European Court discovered the violation of the Article III of the Convention that means the rights of the prisoner was breached in detention setting.
Gorgiladze was arrested in Lanchkhuti district for the murder of father and son. On May 21, 2003 the Supreme Court sent him to prison for 18 years. Currently, he is serving his term in Geguti Prison N 8.
Source: Interpressnews