Zviad Kharebava Hopes Only for Strasbourg

Aleksi Bezhanishvili

Georgian Supreme Court did not accept the cassation suit of the convicted Zviad Kharebava. Interpresnews was reported from the Supreme Court that the Cassation Chamber, having studied the criminal case and the cassation suit, concluded that the convicted Kharebava’s suit does not comply with the requirements of the Article 547 Part II of the Criminal Code of Georgia.

Consequently, the Supreme Court believes that the cassation suit shall not be accepted by the Criminal Chamber of the Supreme Court for further discussion at the session; more precisely, Article 547 Part II of the Criminal Code of Georgia lists the grounds based on what the cassation suit can be accepted; they are: the case is important for justice and establishment of common judiciary practice; decision of the appeal court differs from the previous practice of the Supreme Court in regard with the cases of the same category; the Appeal Court discussed the case through significant legal or procedural violations that could influence the judgment.

“The Cassation Chamber believes that this particular criminal case does not contain any of the above-listed grounds. The attorney of the convicted could not prove significant legal and procedural violations made by the Appeal Court when the Supreme Court was studying the case. The Supreme Court concluded that the appeal court judgment, which was appealed by the lawyer of the convicted, demonstrates the practice of the Supreme Court on the same category in the view of both legal and procedural assessments,” statement of the Court.

The Supreme Court believes that this particular case does not have principle importance for the development and completion of the judiciary practice; the judgment of the appeal court does not differ from the practice of the Supreme Court on similar cases; the Appeal Court did not discuss the case through significant legal or procedural violation that could influence the final judgment.

In accordance to the Tbilisi City Court judgment of September 1, 2010 Zviad Kharebava was found guilty for several crimes envisaged under Criminal Code of Georgia that is slander committed by Kharebava and group of his allies; more precisely, based on the preliminary agreement, the group misappropriated large amount of strange property; besides that the group wasted large amount of strange property through abusing their power based on the preliminary agreement.

The slander fact dealt with preparation-approval of the evaluation report in the framework of the rehabilitation project of the NamakhvanHES on the Rioni River. The group members had to approve the report in exchange of concrete amount of sum.

In accordance to the Tbilisi City Court’s judgment, Zviad Kharebava was sentenced to 17-year-imprisonment and fined with 50 000 GEL; in addition, he cannot carry out business activities for the next three years.

According to the Court, the lawyer of the convicted initially appealed to the Appeal Court and then to the Supreme Court; though the judges declined their suits.

The judgment of the Supreme Court is final and cannot be appealed.

The Human Rights Center believes that 17-year-impirosnment is connected with the past activities of Zviad Kharebava. In 2004-2007 he was economic advisor to the former Prime-Minister Zurab Noghaideli; the latter is a leader of Georgian opposition and apparently, the law enforcement bodies are keen to launch a criminal prosecution against him.

The family of Zviad Kharebava intends to appeal to the European Court of Human Rights.

See other articles about Zviad Kharebava on www.humanrights.ge :

Human Rights Center Held Press-Conference on Zviad Kharebava’s Case

 

Human Rights Center Appeal Regarding the Case of Political Prisoner Zviad Kharebava

Former Advisor to Former Prime-Minister Zurab Nogaideli Will Spend 17 Years in Prison

Zviad Kharebava – Victim of Political Revenge