Constitutional Court Makes Crucial Decision Against Parliament

Constitutional Court Makes Crucial Decision Against Parliament

The Constitutional Court has made a crucial decision against Parliament. The Constitutional Court, with Besarion Zoidze as its head, allowed the petition of the organization “Article 42 of Constitution” and struck down part 7 of Article 208 of the Procedural Code. According to the part of the law in question, an order given by a judge concerning the detention of a person during a trial cannot be appealed.

The court also allowed and processed constitutional law suits by solicitor Onise Mebonia and civilian Vakhtang Masurashvili, who are defended in the Constitutional Court by the organizations “Article 42 of the Constitution” and the “Young Lawyers Association”.

It should be noted that Irakli Kakabadze, Lasha Chkhartishvili and other members of the “Egalitarian Institute” were detained on the basis of the Criminal Procedural Code, Article 208. According to this decision by the Constitutional Court, every person detained under Article 208, is now able to appeal against the judge’s orders regarding their arrest.  If illegal imprisonment is proved, they can also demand compensation.

The organization “Article 42 of the Constitution” will shortly be defending the interests of people who are currently detained under this article and will appeal against the orders of Judge’s in higher instances. Tomorrow, “Article 42 of the Constitution” will bring a law suit, on behalf of Kote Kublashvili, against Eka Tkeshelashvili’s order, demanding a discussion of the court order and that it be deemed illegal. It should be remembered that the “Egalitarian Institute’s” members were also detained under Eka Tkeshelashvili’s orders. 

The organization Article 42 of the Constitution and The Young Lawyers Association appealed to Constitutional Court several days ago. They demanded recognition that the 6th and 7th parts of Article 208 of the Georgian Criminal Procedural Code are unconstitutional and the annulling of the 7th part of article 208 until a final decision regarding the case has been made.

Manana Kobakhidze, the Head of “Article 42 of the Constitution” states: “The Constitutional Court’s decision is very important and we note that it is a precedent. This is the first decision made by the Constitutional Court where a disputable article has been annulled before the final discussion of the case. The canceling of this article prevents the judge from having the right to make impartial and illegal orders, as the judge himself can face liability.  It really is an achievement; the Constitutional Court really proved today that it is a body exercising Constitutional control and is capable of stopping the functioning of an illegal act made by the Parliament.”

“Article 42 of the Constitution”