Human Rights Center monitors 20 judicial proceedings where alleged political motives are identified
August 13, 2020
Human Rights Center carries on monitoring of the court proceedings of the criminal cases which allegedly are politically motivated and are ongoing in the common courts of Georgia. Up to the date, there are 20 cases under the monitoring of the Human Rights Center, the court hearings for the part of the cases are now over.
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1. The Case of Giorgi Ugulava (so-called Case of the Tbilisi Development Fund). The Supreme Court of Georgia found Giorgi Ugulava, the former Mayor of Tbilisi and one of the leaders of the Party European Georgia guilty in committing the offense provided for by Article 182(2)(d) and (3)(a)(b) of the Criminal Code of Georgia envisaging the unlawful appropriation or embezzlement of another person’s property or property rights by using official position. By the Judgment of the Supreme Court from February 10, 2020, Giorgi Ugulava was sentenced to imprisonment with a term of 3 years, 2 months and 8 days. He was released from prison based on the Act of Pardon of the President of Georgia from May 15, 2020.
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2. The Case of Giorgi Ugulava and Aleksandre Gogokhia. The criminal case launched against Giorgi Ugulava, the former Mayor of Tbilisi, is on the stage of hearings on merits in the Tbilisi City Court. The Prosecutor’s Office charged the accused persons with committing the offense under Article 194 of the Criminal Code envisaging the legalization of illicit income (money laundering). Moreover, the state prosecution on the same case charged Ugulava with abuse of official power on the episode of the City Park and with the organisation of group action and with coercion on the episode of Marneuli.
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3. The Case of Giorgi Ugulava (so called Airport Case). In accordance with the decree of the Prosecutor's Office from December 11, 2019, Giorgi Ugulava is charged with committing the offense under Article 126(1) of the Criminal Code. According to the version of the prosecution, Giorgi Ugulava inflicted bodily harm to B.G. The defense, on the contrary, states that B.G. in a provocative manner assaulted Giorgi Ugulava and Giorgi Gabashvili, the leaders of the European Georgia. The case is handed to a judge for hearings on merits, but the hearings have not yet begun.
During the monitoring, the Human Rights Center published a document Legal Analysis of the Criminal Cases ongoing against Giorgi Ugulava.
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4. The Case of Nikanor Melia. The former MP, Nikanor Melia is charged under Article 225(1) and (2) of the Criminal Code of Georgia envisaging the organisation of acts of group violence and participation in the acts of group violence. The criminal case is linked with the protest demonstrations of June 20-21, 2019.
The Human Rights Center observed the criminal case ongoing against Nikanor Melia in the document The Legal Analysis of the Criminal Cases related to the Events of June 20-21, 2019.
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5. The case of Nikanor Melia and Zurab Adeishvili. In the above criminal case, the legal proceedings are going on in the Tbilisi Court of Appeals. Nikanor Melia together with the former Minister of Justice Zurab Adeishvili is charged with the offense under Article 332 of the Criminal Code envisaging the abuse of official power. Admittedly, Nikanor Melia was found innocent at the court of the first instance in the charges under Article 2051 of the Criminal Code envisaging the concealment of property by means of fraudulent or sham transactions.
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6. The Case of Irakli Okruashvili. The Leader of the party Victorious Georgia, Irakli Okruashvili was accused under Article 225 of the Criminal Code related to the events of June 20-21, 2019 envisaging the organisation of group violence and participation in the violence. Under the Judgment from April 13, 2000, he was sentenced to 5 years of imprisonment as he was charged with the participation in the offense. Based on the Act of Pardon of the President of Georgia, like Giorgi Ugulava, Okruashvili also left the penitentiary institution on May 15, 2020. Notwithstanding the pardon, Okruashvili appealed the judgment to the Tbilisi Court of Appeals where the hearings on the case will begin in September 2020.
- 7. The Case of Irakli Okruashvili (so-called Buta Robakidze case). Irakli Okruashvili was charged under Article 332(3)(c) of the Criminal Code envisaging the abuse of power by the state political official. The case concerns the incident that took place near Didube Pantheon in Tbilisi on November 24, 2004, when the police patrol stopped a car of BMW brand with a driver and five passengers in it. In the process of seizing and personal examination of the persons, one of the patrol officers, Grigol Basheleishvili accidentally triggered the weapon and shot on to the left armpit of Amiran (Buta) Robakidze heavily wounding him causing his death at the scene. According to the indictment, the information on the same night was reported to the Minister of Internal Affairs, Irakli Okruashvili, who instructed the high officials “to save the reputation of the patrol police” and to give the incident the appearance of an armed assault on the police officers.
During the monitoring, Human Rights Center published an analytical document Legal Assessments of the Criminal Cases ongoing against Irakli Okruashvili.
- 8. The Case of Koba Koshadze - The member of the guard of Irakli Okruashvili, of the leader of the party Victorious Georgia was charged with an offense under Article 236 of the Criminal Code envisaging illegal purchase, storage, and carriage of firearms and ammunition. After the Prosecutor’s Office approached the court with a motion to change the measure of restraint, the court canceled the measure of restraint in the form of custody and remanded the accused on bail of GEL 5,000. Koshadze was released from the courtroom.
Human Rights Center observed the criminal case ongoing against Koba Koshadze in the document The legal Assessments of the Criminal Cases ongoing against Irakli Okruashvili.
- 9.The Case of Giorgi Rurua. Giorgi Rurua, one of the founders and shareholders of the TV company Mtavari Arkhi, and one of the organizers of the protest demonstrations of June 20-21, 2019, is charged under Article 236(3) and (4) of the Criminal Code (illegal purchase, storage, and carriage of firearms); he was also charged under Article 381(1) of the Criminal Code envisaging the failure to execute a court decision or interference with the execution of a court decision. On July 30, 2020, the judge of the criminal panel of the Tbilisi City Court, Valerian Bugianishvili rendered a judgment of conviction against Giorgi Rurua sentencing him to 4 years of imprisonment. The court found Giorgi Rurua guilty of the both charges. The President of Georgia refuses to pardon the convict. The defense is filing an appeal against the judgment of the first instance court with the Tbilisi Court of Appeals.
During the monitoring, Human Rights Center published an analytical document - The criminal case of Giorgi Rurua - Legal Analysis.
- 10. The Case of Mamuka Khazaradze, Badri Japaridze and Avtandil Tsereteli - the former Chair of the Supervisory Council of TBC Bank, Mamuka Khazaradze and his deputy, Badri Japaridze (at the time being the leaders of the political organisation Lelo for Georgia) are charged under Article the 194(2)(a) and (3)(c) of the Criminal Code envisaging the legalization of illicit income in large amounts carried out by an organized group. While the charges brought against the father of the owner of the TV company TV Pirveli, Avtandil Tsereteli implies the assistance in the legalization of the illicit income (article 25 and article 194(2)(a) and (3)(c) of the Criminal Code). The criminal case is on the stage of hearings on merits in the Tbilisi City Court.
- 11. The Case of Nika Gvaramia - The founder of the TV Company Mtavari Arkhi and the Director General of the same TV company, Nika Gvaramia is charged under Article 220 of the Criminal Code envisaging the abuse of managerial, representative or other special powers in an enterprise or other organisation against the lawful interests of this organisation for acquiring benefits or advantage for oneself or another person, which has resulted in considerable damage.
- 12.The case of Mikheil Saakashvili and Teimuraz Janashia. The Ex-President of Georgia, Mikheil Saakashvili and former chief of the State Security Service Teimuraz Janashia were charged under the article 182(b) of the Criminal Code envisaging the unlawful appropriation or embezzlement of budgetary funds in large amounts (GEL 8,837,461) by an organized group. The criminal case is heard on merits by Judge Badri Kochlamazashvili in the Tbilisi City Court.
- 13. The Case of Mikheil Saakashvili, Ivane Merabishvili, Davit Kezerashvili and Gigi Ugulava. Against the Ex-President Mikheil Saakashvili criminal proceedings are ongoing in Tbilisi City Court related to the mass dispersal of protesters, and invading and seizing a TV Company Imedi. Beside Mikheil Saakashvili, charges are brought against that time high officials: Ivane Merabishvili, Zurab Adeishvili, Davit Kezerashvili and Gigi Ugulava. Due to the complexity of the case, the case is heard by a panel of judges in the Tbilisi City Court. The court sessions are chaired by Judge Nino Eleishvili.
- 14. The Case of Lasha Chkhartishvili. On June 20, 2020, the Tbilisi City Court found one of the leaders of the Labor Party, Lasha Chkhartishvili as an administrative offender under the article 173 of the Code of Administrative Offenses and imposed on him a fine in the amount of GEL 3,500. Judge Manuchar Tsatsua rendered the decision in three court sessions. Chkhartishvili appealed the decision to the Tbilisi Court of Appeals.
- 15. The Case of Besik Tamliani, Zurab Budaghashvili, Tsotne Soselia and Kakhaber Kupreishvili. Besik Tamliani, Zurab Budaghashvili and Tsotne Soselia are charged under the article 225(2) of the Criminal Code of Georgia envisaging the participation in group violence accompanied by violence, raid, damage or destruction of another person’s property, use of arms, armed resistance to or assault on representatives of public authorities. On the given case, plea agreement was concluded between the Prosecutor’s Office and the accused persons: Zurab Budaghashvili, Tsotne Soselia and Kakhaber Kupreishvili. On March 23, 2020, the measure of restraint used against Besik Tamliani was changed with remand on bail of GEL 4,000. He left the prison. The hearing of the criminal case against Besik Tamliani will be resumed in the Tbilisi City Court.
- 16. The Case of Bezhan Lortkipanidze. An employee of the public organization Nekresi, Bezhan Lortkipanidze was charged under Article 225(2) of the Criminal Code envisaging the leadership, organization of and participation in the group violence. Bezhan Lortkipanidze does not plead guilty. The charges are related to the events of June 20-21, 2019. A field biologist and researcher of the wild nature, Bezhan Lortkipanidze was arrested on June 20, 2019, and he was remanded in custody for 2 months. At the time being, the measure of restraint is changed to remand on bail. The court proceedings are not over yet.
- 17-18-19. The Cases of Former Officers of Special Forces. Levan Imerlishvili, Giorgi Esiashvili and Mindia Ambardnishvili are charged under Article 333(3)(b) of the Criminal Code of Georgia envisaging the exceeding of the official powers by an official or a person equal thereto that has resulted in the substantial violation of the rights of natural or legal persons, or of the lawful interests of the public or the State. The cases against the former officers of Special Forces are heard in the Tbilisi City Court by several judges separately.
- 20. Human Rights Center also monitors the case of Giorgi Javakhishvili and Tornike Datashvili. The court found Giorgi Javakhishvili and Tornike Datashvili guilty under Article 225(2) of the Criminal Code envisaging the leadership, organisation of, and participation in a group violence. The above case was heard in the conjunction with the case of Irakli Okruashvili related to the event of June 20-21, 2019, however, the case was split into separate proceedings and after a plea agreement was reached with the accused persons: Javakhishvili and Datashvili, they were released shortly afterwards.
During the monitoring, the Human Rights Center analysed the criminal cases related to the events of June 20-21, 2019 in the document named Legal Analysis of the Criminal Cases Commenced in Connection with the June 20-21, 2019 Events.
Human Rights Center monitors the criminal cases that are allegedly politically motivated in the common courts of Georgia within the frames of the project Public Events Monitoring. The project also presupposes the monitoring of protest demonstrations. The project is supported by the National Endowment for Democracy (NED).
The opinions enshrined in the press release are of Human Rights Center and may not reflect the opinions of the donor. Therefore, NED is not responsible for the content of the text laid here.
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