Appeal Court Upheld Lawsuit of the Former Chairman of the Gori Municipal Board

Lado Bichashvili, Shida Kartli

Marlen Nadiradze requested annulment of the September 14, 2007 decree of the municipal board with which the board members resigned him from the position. Several-day political controversy was pre-condition of this decision.

Early in September of 2007, allies of the former defense minister Irakli Okruashvili publicly destroyed mandates of the United National Movement and joined Okruashvili’s political party. Marlen Nadiradze believes his resignation was politically motivated decision; several days later law enforcement officers arrested him and court judged him for accepting bribe. Marlen Nadiradze claims he was innocent and his arrest was politically motivated decision. He left penitentiary establishment with the status of political prisoner after the government changed in the country. Marlen Nadiradze filed administrative lawsuit against impeachment procedures taken by the members of Gori municipal board in September of 2007 and appealed the decision of the board. Nadiradze underlined several facts in his interview with humanrights.ge. His main argument to prove the injustice is that board members were compelled to sign empty paper and to declare impeachment on him at the special session.

“Everything was connected with the political events from September of 2007. Part of law enforcement officers and non-formal masked groups did not allow us to hold session. After that we left the UNM and publicly cut party mandates. As a follow up, they started my and board members’ persecution; law enforcement officers locked board members in the buildings and compelled them to sign my resignation letter. They needed it to start impeachment procedures. The process was politically motivated. One and half month later I was arrested for criminal offence – accepting bribe. They claimed I compelled entrepreneur to purchase TV-sets that was absurd,” Nadiradze said.

After Marlen Nadiradze’s resignation, Zviad Khmaladze from the UNM was elected to the position who does not see his responsibility in the aforementioned facts.

“I know that Marlen Nadiradze was arrested and municipal board declared impeachment on him; then they elected me to the position. I was not oppressed; neither I oppressed other board members. I cannot say anything else about this case,” Gori municipal board member from the UNM Zviad Khmaladze told humanrights.ge. 

Marlen Nadiradze launched administrative proceedings at the Gori District Court. Judge Davit Papuashvili discussed his case. Former board members were questioned at the trial. They confirmed that they had signed empty paper under the oppression of police officers at night. Later they found out at the special session of the municipal board that their signatures were related with the impeachment of Marlen Nadiradze. Gori district court did not satisfy Nadiradze’s lawsuit. In the resolution part, Judge Papuashvili wrote some irregularities were discovered during case discussion and witness interrogation but he did not satisfy Nadiradze’s appeal because case was outdated. Appeal court satisfied Marlen Nadiradze’s lawsuit after several trials and declared impeachment as illegal act. 

“Court was discussing my administrative lawsuit where I requested annulment of the September 14, 2007 decree, based on which I was resigned from the position. In its judgment the district court indicated that irregularities were discovered in the case but it was outdated. Many lawyers share my opinion that it was ungrounded judgment. We appealed it at the Appeal Court and they satisfied my suit after several trials. I was justified and this decision proved that municipal board members had not resigned me as a result of impeachment and everything was done under oppression,” Nadiradze said.

Lawyer Nikoloz Adikashvili of the Gori municipal board represented the defense side at the trial; he said they have not received resolution part of the appeal court judgment yet and upon receipt they will decide to appeal the judgment or not.

 

Eventually, we will learn whether Marlen Nadiradze will request reimbursement of unpaid salaries as compensation. He said at this stage justification in the accusation on accepting bribe is more important for him. Nadiradze said he did not know people, who gave testimonies against him. Marlen Nadiradze is waiting for the establishment of the Commission on Miscarriages of Justice and claims that he was victim of the regime and personal prisoner of the United National Movement like ten thousands citizens of Georgia.