Statement by attorneys on the case of cartographers

The Office of the Prosecutor General of Georgia and Levan Samkharauli National Forensic Bureau restrict the defense to access the case files regarding the criminal proceedings underway against Iveri Melashvili and Natalia Ilichova in gross violation of the requirements of the Criminal Procedure Code of Georgia and the rights to defense guaranteed by the Constitution of Georgia.

Before the court hearings when Iveri Melashvili was to first appear to the court, the Office of the Prosecutor General of Georgia did not hand over the case files in full to the defense.  The fact of failure to transfer the files is evidenced by a report of exchange of information dated from October 8, 2020.   According to the Office of Prosecutors, a part of the case files including the key evidence in the form of originals of the maps of the scale of 1: 200 000 are kept with the Office and it suffices for the defense to have a right to study the maps in the Office, while the other part of the evidence has been sent to Levan Samkharauli Forensic Bureau.

Despite the numerous written requests from our side, the Office of the Prosecutor General of Georgia refuses to hand over the copies of the case files bringing as a reason that they allegedly have already provided the defense with the copies of the case files as provided for by the law. 

In accordance with Article 38(13) of the Criminal Procedure Code of Georgia, the accused and his/her defense lawyer may, within the limits and in the manner prescribed by this Code, inspect the evidence of the prosecution and obtain copies of evidence and case files. In accordance with Article 83(1) and (3) of the same Code, at any stage of the criminal proceeding, a request of the defense to become familiar with the information that the prosecution intends to submit to the court as evidence shall be immediately satisfied. 

Further, in accordance with Article 83(7) of the Criminal Procedure Code, the parties shall, at their expense, submit to each other information in the form of a copy of a document, and in the case of other materials, in the form of a notice. 

The last sentences of Article 3(23) of the Criminal Procedure Code of Georgia read as follows: „A document is considered to be evidence if it contains information required for the establishment of factual and legal circumstances of a criminal case. Any source in which information is recorded in the form of words and signs and/or photo, film, video, sound or other recordings, or through other technical means, shall be considered a document.“

The cartographic material (i.e. the maps) existing on the case files are the documents the copies of which the prosecution is obliged to surrender to the accused and their defense counsels. Moreover, as a full study of the maps is only possible in colored versions, to which the accused in person shall also have access, the prosecution shall be obliged to hand over the colored copies of the maps in a specific format. 

Furthermore, it is of utmost concern that the approach of the prosecution is shared by Levan Samkharauli Forensic Bureau.  On October 27, 2020, the representatives of the National Bureau unreasonably denied Eduard Marikashvili and Giorgi Makharadze the access to, study and inspection of the case files transferred to the National Bureau for the expert examination.

We call on the Office of the Prosecutor General of Georgia and Levan Samkharauli National Forensic Bureau to seize the gross violations of the rights to defense of Iveri Melashvili And Natalia Ilichova and to allow the defense counsels the due access to the case files. 

• Giorgi Mshvenieradze - Defense Counsel of Iveri Melashvili, GDI
• Edward Marikashvili - Defense Counsel of Iveri Melashvili, GDI
• Sulkhan Komakhidze - Defense Counsel of Natalia Ilichova
• Nestan Londaridze - Defense Counsel, Human Rights Center
• Giorgi Makharadze - Defense Counsel of Natalia Ilichova, Rights Georgia