Story of One Fabrication, or Court vs. Law
This story looks like a criminal thriller about a doctor; it looks like a story of fabrication and drama of the absurd as well...it looks like the latter most of all.
The absurd in the story will be exposed later in the court room. The previous history looks more like science fiction. Everything started from working on a Ph.D thesis. A scientist from Tbilisi carried out scientific research in Kirgistan. He collected the empirial materials in a Muslim country in order to study the problem of the effect of sterilization on evolution. It could be as difficult as researc on giraffs or insects because sterilization results in losing the ability to bear a child. Such activities are strictly forbidden in Muslim countries by religion and law. The scientist managed to get hold of the empirial materials, carried out the research and worked out his thesis. The commission of the government of Kirgistan granted him the degree. It happened in 1985 and the story started then. The continution follows.
The scientist returned to Tbilisi and continued his activities in the I. Jordania Research Institute. Soon, on December 12, 2003, the Council of Medical Academy granted doctor Arsen Gvenetadze the Ph.D degree. Then he was elected associated professor at the Mean-Gynecologic Faculty at the Tbilisi State University.
Nothing could have prevented Arsen Gvenetadze from his successful scientific activities except that Davit Kherodinashvili, a member of the Council of Medical Academy, brought suit against him. The latter, who is Professor and Academician of Medical Science appealed to the Vake-Saburtalo district court.
Professor Kherodinashvili stated that the Council of Medical Academy illegally had granted the degree to Arsen Gvenetadze. Because the Council had broken Georgian law; Doctor Gvenetadze had gained the degree by dishonest and unethical metods that contradict the principles of a doctor and scientist. Professor Kherodinashvili demanded that the court nulify the resolution N 29 of the Council based on which Arsen Gvenetadze was granted the degree of doctor of science. The suit based its appeal on the Georgian law and normative acts and on professional and human honor and ethics.
“The Council breached the Georgian Law. It granted the degree of Doctor to a person who had not yet received the degree of candidate as is required by the Georgian Law. Based on that law the degree he had received in Bishkek, Kirgistan could have been recognized after he had taken the new (simpler) procedures for getting the degree (the resolution of the President of Georgia N 316 enacted on June 28 2003).
“Doctor Gvenetadze breached the Geogian Law, professional and ethical norms while working on the doctor’s degree without having taking corresponding procedurs for the candidate of science. He received the diploma of the Council of Meidcal Academy through breaching the law.
“The council also breached the law when they issued the diploma on doctor Gvenetadze without having taken correspondent procedures.”
Vake-Saburtalo district court granted the suit of the Professor Kherodinashvili and nulified the resolution of the Council of the Medical Academy. They also nulified the part of the resolution based on which Arsen Gvenetadze had received the diploma of candidate of science.
This was the finish of the first trial. It was followed by second, third and fourth trials at City, Regional, Appeal and Supreme Courts. The second court nulified the decision of the first one. The following courts did not change the decisions of the second court. The more courts were discusing the case, the more evidence was provided by the Professor Kherodinashvili.
Fact I: Arsen Gvenetadze, more precisely his attorney, appealed atainst the decision of Vake Saburtalo district court in the name of the Medical Academy, Council of Experts and Arsen Gventadze. Although the Academy and Council wrote in their letters to the court that they were not appealing against the court decision (27.07.05) the conclusion of the second court was the following: “The decision of the court was appealed by the State Meidcal Academy, Council of Experts and Arsen Gvenetadze.
Fact II: The Attorney for Arsen Gvenetadze considered that basis for nulifying the decision of the district court was Article 22, Part II of the Administrative Procedural Code which stated that a suit to nulify an adminsitrative act can be accepted if the act or a part of the act damages the legal rights or interests of the person filing suit or illegally breaches his/her rights. So, Arsen Gventadze cosnidered that an illegal acceptance of the Doctor’s degree by him did not do any harm to Professor Kherodinashvili as a member of the Council and did not breach his rights or contradict his interests. Consequently, the latter did not have a right to appeal against the resolution of the Council.
The Regional, City and Supreme Courts also shared that opinion. Their judgements do not state that by fabricating procedures the right and interest of a member of the Council is breached. This person is entitled to grant the degree to an applicant and accepting the fabrication breaches the right and interest of the scientist.
There are a set of useless casuisms and legal sophism in the judgments.
Professor Kherodinashvili is too stuborn to surrender and continues to protect his right, to protect the law and implement his duty. He stated that according to the Resolution N 316 of the President of Georgia, issued on June 28, 2003, he, as a member of the Council, is entitled to obey the current law and so it is his duty to do something about the violation. Professor considers that his suit to nulify the resolution N 29 issued on December 12, 2003 by the Council of Medical Academy is based on his legal rights and interests. He, as a scientist, is responsible for the fabrication committed on science and in the name of science.
Besides that, according to the Article 8, Part I of the president’s resolution persons seeking the degree and other persons are entitled to submit the suits regarding the decisions of the Council. Why cannot Professor Davit Kherodinashvili be the “other person”? Who has deprived him of his consitutional right to apply to the court as an “other person”? City, Regional and Supreme Courts directly deprived him of this consitutional right in the judgments which we can read: “It must be noted that the legislators consciously considered the restriction of direct damage of legal rights or interests or similar rights as a necessary basis for the suit based on Article 22 of the Administrative Procedural Code. If not were not so, jealousy of a certain person about the success of another person could be used as a basis to prepare a suit and it would not have any connection with legal rights and interests.and the suit could be prepared based on subjective attitude towards the facts and circumstances. The court considers that we witnessed exactly similar facts while discussing the suit of Shalva Kherodinashvili (judgment in the name of Georgia on not-accepting the suit, 26.12.06).
Fact III: according to the abovementioned resolution of the president a candidate of science or a citizen of a foreig country with an equal degree is entitled to submit the thesis for the doctor’s degree. According to the same resolution if a person was granted the scientific degree in a foreign country with which Georgia has not signed the international agreement on recognizing the scientific degree, the applicant shall take a notification procedure according to the applicable rules. Otherwise, the degree cannot be recognized and the applicant for the degree will be a candidate of science.
Arsen Gventadze’s recent scientific past completely contradicts the resolution: Georgia has not signed the agreement with Kirgistan; Arsen Gventadze has not taken the notification procedure according to the recognized rules; however, he was granted the degree of candidate of science and doctor as well.
The Regional Court replies to having ignored the president’s resolution by the Medical Academy, by its Council of Experts: “The case materials show that A. Gventadze gained the degree of candidate of science in Kirgistan. He has provided the copy of the diploma issued by the Supreme Commission of the Kirgistan Government. We should also take into consideration the fact that the person who filed the suit (Professor Kherodinashvili) has not argued about the validity of the diploma Gvenetadze was awarded in Kirgistan.
Consequently, the conclusion of the first court on nulifying the doctor’s degree of A. Gvenetadze without having held the degree of candidate of science is not right (judgment of the Regional Administrative Court and Appeal Court of Tax Law, 27.07.2005).”
Fact V: The Regional Court explained the violation of the president’s resolution as follows: Before Resolution N 316 was enacted Resolution N 406 of the Government of Georgia was in force based on which Arsen Gventadze wrote to the corresponding organizations of Georgia about that fact and provided all necessary documents. Then, the Council of Experts accepted his application for the doctor’s degree.
The reply is that the law--the resolution N 406--has been out of force since 1995. However, even that documentation indicates the necessity of a notification procedure in order to get a scientific degree in Georgia (chapter IV); the issue must be discussed by the Council of Scientists of Georgia which was not done. Gvenetadze was granted the doctor’s degree on December 12, 2003 and a resolution of the president issued on June 28 was in force by that time. Officially, Council of Experts granted Arsen Gvenetadze the degree of candidate of science on January 5, 2004 after he was awarded the doctor’s degree (resolution of the Council of Experts issued on January 5, 2005).
The confirmation of the Council of Experts on accepting the application of Gvenetadze was registered and issued on December 18, 2003; however, Gvenetadze was awarded the degree on December 12. So, he was not yet a candidate of science by that time..
The letter of Arsen Gvenetadze to the corresponding institutions of Georgia about his degree of candidate of science issued in Bishkek is not officially registered at the Council of Experts.
The law does not recognize documents that are not legally registered. Nor are the documents issued one week later valid under the law.
Judgments of the Regional, City and Supreme Courts point neither to those violations and organizations which breached the law nor to the responsibilities of the Council of Experts or Arsen Gvenetadze. The courts also did not consider one more circumstance: the diploma of doctor awarded to Arsen Gvenetadze is signed by Khomasuridze who is Chairperson of the Council on Repreduction; however the diploma is issued based on the mean-gymecologic activities.
The main issue of this story is connected with Kote Kublashvili, Chairperson of the Supreme Court.
Several days before the trial at the Regional Court Kote Kublashvili met Arsen Gvenetadze. Kublashvili did not deny in his interview with the journalist of the newspaper “New 7 Days” that Arsen Gvenetadze is a person close to his family. He did not deny that his meeting with Gvenetadze in the building of the Supreme Court contradicts the Constitution of Georgia, a resolution of Georgia and the Law on Common Courts. So, he denied that he met Arsen Gvenetadze in his office although there is a permit issued to Gvenetadze at his receiptionists. The permit was issued on May 11, 2005 and based on it chairperson of the Supreme Court received Arsen Gvenetadze. The newspaper got hold of a copy of that permit and published it in the issue of July 15-21. 2005. Kote Kublashvili did not make any comments at all on the factl. Arsen Gvenetadze confirmed that he had met the chairperson of the Supreme Court in his office several days before the scheduled trial.
Maybe it never made any sense, and still does make any sense, to ask Kote Kublashvili even reutorically: Why do not the Medical Academy, Council on Awarding the Degrees and Council of Experts have the right to breach the law when the chairperson of the Supreme Court breaches the law himself and when other courts do not obey the law.
Even more stupid is the question: Who will control those people who are entitled to control obedience to the law and how will they do it?
Leader of the Jouranlist Investigation
The investigation is prepared within the project “Monitoring of Fair Trial”
The Project Is Implemented by the Human Rights Center and magazine “Sitkva” with the support of the Eurasian Partnership Foundation
მე ერთს ვიტყვი გვენეტაძე გენიოსია რათ უნდა მას წოდება და ხარისხი მე პირადად ვიყავი მისი პაციენტი შედეგიანი გამოდგა მასთან დიდი ხნის უშვილობის მკურნალობა,ყოველ დღე ვლოცავ იხაროს და იდღეგრძელოს მისმა შთამომავლობამ
Leave your comment
Kutaisi Georgian Young Lawyers’ Association branch has new chairman Eight Inmates on Huger-Strike in Prison # 2 Life-sentenced prisoner applied to Human Rights Center The Parliament of Georgia did not vote for the formation of the investigation commission into Sakdrisi Mine Case Parliament intends to form commission to study the case of Sakhdrisi gold mine Archive
After a long and complicated preparation period, on July 30, we landed in Sarajevo. Despite scary landing caused by bad weather conditions, IArchive
“Miscarriages of justice“– we use this term to characterize the problems existing in the system of Georgian judiciary during ex-president Mikheil Saakashvili’s governance.Archive