On April 29, a report about constitutional lawsuit filed by T.Mamgulshvili was broadcasted during Kurieri News Program. According to the report, although the applicant has decided against further pursuing the legal proceedings, court continues examining the case. As T. Mamgulashvili’s interests are defended by GYLA before court, we deem it important to make clarifications about the case. 

NGOs react to the pending amendments to the Criminal Procedure Code and call on the parliament of Georgia to create effective legal mechanisms for realization of the right to defense. 

The draft law initially proposed by the Government of Georgia envisaged important guarantees for effective realization of the right to defense, including the right of the defense to:

The Parliament of Georgia examined once more the draft law about waiver of jury trial, envisaging the possibility to apply jury trial based on mutual consent between the parties. The draft law was returned back to the parliament following the president’s veto. NGOs had certain concerns about the draft, as highlighted on a number of occasions.  Representatives of NGOs called on the parliament of Georgia against approving the proposed regulations and to keep the right of a defendant to refuse jury trial based on a substantiated motion. 

We would like to express our extreme concern over the secretly recorded video released on May 3, making details of private life public. It is particularly horrifying that the video involves a journalist, raising suspicions about attempts to exert pressure on media. It is difficult to draw any preliminary conclusions before the authorities conclude the investigation; however, clearly there are individuals seeking to discredit the journalist. These suspicions are further reinforced by the fact that the journalist himself alleges that the release of the video on the Internet has to do with uncovering of corrupt deal between representatives of current and ex-officials by him. Further, he alleges that these officials are responsible for leaking the video.  

On April 2, 2012 GYLA held presentation of trial monitoring results focused on criminal cases in city courts of Tbilisi and Kutaisi. The trial monitoring was conducted in the framework of USAID funded “Judicial Independence and Legal Empowerment Project ” (JILEP)  implemented by the East –West Management Institute.

In view of urgency of topics related to justice system in Georgia, GYLA has been implementing direct trial monitoring for already two years on criminal cases in Tbilisi City Court and by releasing periodic monitoring reports  attempts to submit objective, fact-based picture of some of what is going in Georgia’s criminal trial courtrooms.  

GYLA believes that ongoing investigation into the August 28, 2012 Lopota Gorge special operation falls short of the standards of an objective, effective and independent investigation, and we call on the investigating authorities to address deficiencies in the process of investigation in a timely manner. 

GYLA is defending interests of families of the following victims of the special operation: Aslan Margoshvili, Bahaudin Aldamov, Bahaudin Baghakashvili, Salam Zaurbekov and a police major, Archil Chokheli. In the name of close relatives of the victims, GYLA has had a close written communication with the investigating authorities since December 2012; however, the latter has not shared important comments and opinions expressed by us. 

GYLA representative visited seven imprisoned individuals on the Case of the Ministry of Agriculture in Gldani penitentiary. Following detailed communication with them, some topical issues were identified that require attention from investigative agencies and public.

We would like to respond to the statement of the President of Georgia made in Tbilisi State University at the meeting with students on May 10. Namely, in the audio recordingreleased by mass media the President states: “rumors that people were slaughtered in the street belong to the same story as though I was implementing sexual harassment. Who was slaughtered in the streets during my government? They allege that 37 exemplary individuals were killed – who was exemplary, was it Vazagashvili? Vazagashvili had two guns and was going to kill others ”.  The interview was also released in internet with a student who left the University hall in protest. As he reports, he left the meeting as a sign of protest when the President called the “victims of the regime killers, namely he meant Vazagashvili and the Aprasidzes”. 

As it is known, non-entrepreneur (non-commercial) legal entity “Rural and Agricultural Development Fund” was established on January 22, 2013 with a goal to stimulate development of agriculture and attract investments thereto. At this moment, the Fund is implementing two projects: “The project for support of spring agricultural activities for farmers possessing small plots” intending dissemination of different vouchers among the possessors of agricultural plots and “Preferential Agro-credits’ Project” envisaging agro-credits in low interest rate. 

Firstly, we would like to comment on the Prime Minister’s statement regarding the case of imprisoned officials of the Ministry of Agriculture. 

The Prime Minister reported that he wishes not only Kirvalidze’s acquittal but of other detained individuals as well. “However, I doubt that it will be so. I pay attention to the process and have some questions. I would be glad if Kirvalidze is acquitted, yet the issue should be decided by an investigation” – the Prime Minister noted.