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According to Georgian Young Lawyers Association, Right to Fair Trial has been Violated in the Case of Melor Vachnadze

June 14, 2011

The case of Melor Vachnadze is one of the supposed political arrests that the Georgian Young Lawyers Association (GYLA) studied.

According to GYLA, the court wrongfully qualified Melor Vachnadze’s conduct as a crime. The presented evidence was not assessed properly and the court violated both the material and procedural law.

According to GYLA, it is not singlehandedly clear whether the conduct that Vachnadze was charged with represents a crime or a matter of civil dispute. Besides, according to GYLA inference, the court did not assess the evidence in Vachnadze’s case properly.

“None of the sufferers confirmed the fact of money transfer to Vachnadze by Gzirishvili. It was just indicated in the testimony of the sufferer which was disclosed at the trial due to the fact of his death. Other witnesses are indirect witnesses who state that they did not see this fact and just heard about. As for the wife of the sufferer, she states that she saw how Gzirishvili gave money to Vachnadze. However, this testimony cannot be valid as she states that Gzirishvili and Vachnadze sat inside the car, closed the door and Gzirishvili gave Vachnadze money gotten out from the envelope. Thus, the sufferer’s wife could not have seen the amount of the money since she was not sitting in the car. Consequently, this verdict relies on the testimony disclosed at the trial which is prohibited according to part one of article 481 of the Criminal Procedural Code,” – states GYLA legal inference.

According to the inference, the principle of competiveness has also been violated.

Melor Vachnadze was convicted in fraud and sentenced to 4-years in prison.

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