Prosecutor’s Office Involved in Scandal

Prosecutor’s Office Involved in Scandal

Nodar Javakhishvili, former MP, is going to prove his innocence before the European Court of Human Rights. He has already sent an appeal to the Court demanding his release from illegal imprisonment as well as moral and financial compensation. The NGO “42nd Article of the Constitution” will defend Javakhishvili’s interests at the Court in Strasburg.
The case deals with a car accident on October 5, 2000, when Nodar Javakhishvili crashed into a person crossing the street. Albert Fioringer died immediately after the accident.

Javakhishvili was neither under the influence of alcohol nor was he violating traffic security rules at a speed of 40-45 km/h. The statement of the Georgian prosecutor’s office mentions that the victim, Albert Fioringer, was drunk and started to cross the street when the defendant’s car approached him. In doing so, Fioringer was acting in violation of the 5th item of article 23 of the Georgian law on traffic security.

The attorneys of the “42nd Article of the Constitution” consider that lots of violations of legal norms have been observed in Javakhishvili’s case. They state that the Prosecutor’s office cannot avoid a scandal because of these violations. The “42nd Article of the Constitution” found out that the case of Javakhishvili has been stopped as every action on the delayed case has already been exhausted.

Police detained Javakhishvili on August 12, 2004 in his own house without presenting any legal documents for the arrest. He was accused under article 276 (5th item) of the Criminal Code the same day and the next day Mtatsminda-Krtsanisi Court sentenced him to three months pre-trial detention.

NGO “42nd Article of the Constitution”