Molashvili Achieves Goal a Year Early

 Molashvili Achieves Goal a Year Early

OON On March 23 the Constitutional Court of Georgia made a decision on the constitutional claim of Sulkhan Molashvili, whose interests have been defended by the organization 42nd Article of the Constitution. The lawyers of this organization were told that the Constitutional Court had ruled article 243, paragraph 11 of the Code of Criminal Procedures as unconstitutional.  Because of this article, the lawyers had been unable to file an appeal against a judge’s decision on prolonging imprisonment terms. This decision to nullify the article was made on a different claim, that of a man named Svintradze, and not on Sulkhan Molashvili’s. When Svintradze made his claim to the Constitutional Court, 42nd Article of the Constitution was aware that he had not been demanding to annul this norm. But when Molashvili made his claim to the court on February 28, Svintradze broadened the demands that he had originally made on March 11.

 42nd Article of the Constitution believes that the Constitutional Court convinced the representative of Svintradze to broaden the demands of his claim in order to overshadow Molashvili’s case. Besides this new, broader claim, none of Svintradze’s claims have been fulfilled. It seems likely that the government fears any lawful decisions that might be connected to the name of Molashvili. Regardless, this decision by the Constitutional Court has nullified the unconstitutional law, which is a progressive step from its side. It’s also quite important for Sulkhan Molashvili, because he achieved a desirable result almost a year sooner than he would have if he had to wait for the ruling to be made based on his case. This resolution will help not only to hasten the hearing of Molashvili’s case and the making of a final decision now pending at the European Court.   It will also improve the protection of human rights in Georgia, giving defendants the opportunity to file appeals against a judge’s decision on prolonging imprisonment terms.