Judge Who Did not Satisfy the Request of the Persecutor’s Office Is Persecuted

Gela Mtivlishvili, Kakheti

The Supreme Council of Justice of Georgia prosecutes Giorgi Gogichaishvili, judge at the Kakheti regional court. Judge Gogichaishvili did not satisfy the application of the Kakheti regional persecutor several days ago and replaced pretrial 2-month detention  of Kote Kapanadze, activist of the New Rights, with 20 000 GEL bail.

At the same trial when suppression of Kapanadze was being discussed, judge Gogichaishvili gave publicly rebuked Kakheti regional prosecutor Khvicha Begiashvili and warned him not to violate innocence presumption of the arrested. The prosecutor got angry after the rebuke of the judge at the trial. Later, the Kakheti regional Prosecutor’s office appealed the order of the regional court at the Tbilisi Appeal Court and demanded to annul it. Appeal Court annulled the demand of judge Gogichaishvili and Kote Kapanadze was sentenced to pretrial 2-month imprisonment. The Kakheti regional prosecutor’s Office blames Kapanadze in abusing his power while working for the tax inspection in 2007. The detainee categorically denies the accusation and said that prosecutor’s office persecutes their family because they support the New Rights openly. The brother of the detainee Vazha Kapanadze is member of the New Rights.

According to official information the Supreme Council of Justice launched disciplinary investigation based on the complaint submitted to the council. According to them, the information about the disciplinary persecution against the judge is confidential.

Nana Kakabadze from the non-governmental organization “Former Political Prisoners for Human Rights” said: “Reportedly, the judges obey the orders of prosecutors. They will be fired or arrested if they do not. Very rarely the judge passes the verdict independently and almost every similar case is punished.”

Eka Beselia, a leader of the political organization “Movement of United Georgia”: “I do not have information about this fact; however, I can speak about the well-appropriated method of the Supreme Council of Justice that is used against Gogichaishvili; it is disciplinary liability. Similar facts once more remind judges that if they dare to make decisions independently, they will be punished.”  

Valeri Tsertsvadze, chairperson of the Tbilisi Appeal Court has destroyed the judiciary authority in Georgia. Besides that he is chairperson of the Council of Justice. That means, in this particular case he annulled the decision of the judge at the district court and decided to threaten and punish disobedient judge. It is unacceptable.”