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

The human rights organizations have studied the criminal case of Zviad Kharebava the former adviser to ex-Prime Minister Zurab Noghaideli, and have determined that political motives are behind his arrest.

Mr. Kharebava was detained on December 11th of 2009 and charged with the crime envisaged under paragraph B, Part 3, Article 180 of the Criminal Code of Georgia: Forgery, i.e. taking possession of another’s object for the purpose of illegal appropriation or receiving a property right through deception in large quantities.

Additionally, on March 4th of 2010, Zviad Kharebava was charged with the crime envisaged under paragraphs B of Part III and paragraphs A and D of Part II of Article 182 of the Criminal Code of Georgia: The Illegal appropriation or embezzlement of another’s movable object, if this object was under legitimate possession or disposal of a misappropriator or embezzler, by a group’s conspiracy, by using one’s official position in large quantities.”

The corresponding criminal case was sent to Tbilisi City Court for substantive adjudication on March 9, 2010. On September 1, 2010, the court confirmed the charge imposed against Mr.Kharebava by the guilty verdict and in sum, handed down a 17-year term of imprisonment (7 years according to Article 180 and 10 years according to Article 182). Additionally, a fine of 50, 000 GEL was imposed on Mr. Kharebava and he was deprived of business undertakings.

We, the undersigned human rights organizations perceive that the criminal case material presented in Zviad Kharebava’s case does not confirm the crime specifically envisaged by Article 180 of the Criminal Code of Georgia. The prosecution has not presented any evidence that in the eyes of an objective observer would indirectly create doubt that Mr. Kharebava gained profit within the legal framework of the law. This is the main feature of this crime.

As for the crime envisaged by Article 182 of the Criminal Code, the court exceeded its authority as it found Kharebava guilty in the embezzlement of money that was not even requested by the prosecutor’s side. As for the damages of 929, 741 GEL requested by the prosecutor’s side, it cannot be confirmed by the current case evidence.

We believe that passing down such an inhumane and severe sentence on Zviad Kharebava is connected to his past works and affiliations. Specifically, between 2004 and 2007, he was an advisor to then Prime-Minister Zurab Noghaideli on issues of economics. Zurab Noghaideli is currently one of the opposition leaders and law-enforcement agencies have been trying to file a criminal case against him.

As Zviad Kharebava states, right at his detainment he was offered to provide testimony against Zurab Noghaideli- specifically, the Deputy Head of the Investigation Department of the Main Office. Prosecutor Zaza Kachibaia visited him in Gldani prison along with  investigator Manuchar Kajaia and told him that they were speaking “in the name of Georgia” and if he presented information regarding Zurab Noghaideli’s corruptive agreements, he would be released the next day. Failing that, he would be imprisoned for a long time. Mr. Kharebava denies refusing to cooperate with the investigation; even with his freedom on the line he states, he cannot confirm a fact that he has not witnessed or participated in.

The convicted sued his verdict at every instance of the Georgian judiciary but in vain. Currently, Zviad Kharebava’s family hopes only for the just judgment of the European Court of Human Rights.

It is noteworthy that Zviad Kharebava is a qualified professional, educated abroad who came back to his homeland after the Rose Revolution at President Saakashvili’s request. He returned to Georgia in order to use his knowledge and energy for the development of his country.

In 2004, before he started work in the Georgian government, Mr. Kharebava simultaneously received a doctor’s degree in philosophy and master’s degree in economy from North Carolina State University.

Now that Zviad Kharebava has been incarcerated, Georgian human rights organizations stress out that the long list of political prisoners locked up in Georgian prisons has increased by one.

We are appealing to international organizations and a diplomatic corps accredited in Georgia to monitor the criminal case filed against Zviad Kharebava and the current investigation of his case.

Human Rights Center
Counter Movement
Civil Ombudsman
Article 42 of the Constitution
Association “Justice and Freedom”
Multinational Georgia
Former Political Prisoners for Human Rights