Today, at the plenary session, the Parliament will review with the first reading the government’s initiative on yet another postponement of the enactment of the new rule of witness examination. 

The new procedure of witness examination abolishes those unfair advantages which the prosecution enjoys to date and thus guarantees equality of parties. In particular, the prosecution will not be entitled to oblige the witness to provide testimony on the stage of investigation. In contract, the witness will be interrogated by the prosecution and the defense in equal conditions only at the trial.   

As it is publicly known according to the December 16 allegations made by Ivane Merabishvili, some unknown individuals took him away blindfold from the penitentiary on a vehicle to the unknown direction on December 14.    

As Merabishvili reports, he was brought allegedly to the penitentiary department, where the Prosecutor General and one other individual met him. Merabishvili says that the Prosecutor General demanded from him to cooperate on Zhvania’s case and to submit Saaakashvili’s bank accounts, in return he promised assistance in leaving the country. Otherwise the prosecutor threatened with creation of unfavorable conditions in prison and arrest of Merabishvili’s friends.  

Media Advocacy Coalition expresses its concern about the problem encountered in the process of manning the Board of Trustees of the Public Broadcaster of Georgia. Parliamentary majority and the minority had to nominate 6 candidates for membership of the Board of Trustees already yesterday, however the National Movement nominated only two candidates while the parliamentary majority submitted only one.  

Yesterday, on December 26, at the plenary session where MPs reviewed postponement of enactment of the new rule of witness interrogation for two years, representatives of the Transparency International Georgia and the Georgian Young Lawyers’ Association were disallowed to express their silent protest through demonstration of banners in response to the government’s initiative. The banners contained the following wording: “Human Rights cannot wait for Two Years”, “Protect the Right of Defense” and “Say No to Postponement”. 

The Coalition for an Independent and Transparent Judiciary would like to express its position concerning the delay in electing a member of the Constitutional Court. A ten-year term of office of the member of Constitutional Court, who was designated by the parliament, expired on 23 September 2013. Nevertheless, the Parliament has not yet elected a new member of the Constitutional Court.

On December 9, 2014, Tbilisi City Court found four individuals guilty of crime envisaged by Article 166 of the Code of Administrative Offences of Georgia (petty hooliganism) for the involvement in the incindent outside the Patriarchy. On January 8 participants of peaceful demonstration outside the Patriarchy protesting against opinions voiced in the Christmas epistle were subjected by counter-demonstrators to physical and verbal abuse, seizing and destroying their posters, curtailing realization of their Constitutional rights and liberties.  

GYLA provided legal aid to Lasha Chkhartishvili, who was arrested by the police on January 10, 2014 in the course of the rally in front of the City Hall on January 10, 2014. The protocol of violation was drafted as per Article 166 and 173 of the Administrative Code of Offences (petty hooliganism and disobedience to the lawful order of the law enforcement officer). As police employees have reported, by sitting on the stairs Chkhartishvili was blocking the entrance of the City Hall. Further, law enforcement officers alleged that they urged him to terminate such conduct, though he disobeyed.  

With assistance of Lawyers from GYLA’s Tbilisi office, five individuals received monetary compensation (each GEL 12000) for illegal restriction of liberty 

Five citizens of Russian Federation were arrested by Georgian authorities in different times. Criminal cases were initiated against them and plea agreements were made. Afterwards they should have been discharged from the court room immediately, though they were imprisoned by the state for 4 months without any legal grounds. Being released from the prison, they applied to the court with GYLA’s assistance and claimed compensation for the damage for illegal imprisonment. At the trial the Ministry of Interior and the applicants have negotiated on provision of lump sum compensation to the applicants. The negotiation was approved by the court and consequently, each applicant received GEL 12000 from the Ministry of Interior as a compensation.  

Recently budgeting process in Tbilisi has become the focus of public attention. Even though we are now in a new budgeting year, this year’s budget has not yet been approved which raises a number of questions. We would like to provide public with answers to these questions from applicable legislation:  

On January 15, 2014 the Georgian National Communications’ Commission (GNCC) invalidated the license granted to Energy Group LLC by the August 26, 2013 decision and issued by the November 1, 2013 decision. The reason of invalidating the licence was Kakha Baindurashvili’s position who simultaneously is the director of the Energy Group LLC and owner of its 20% shares and the President of the Georgian Chamber of Commerce, which according to the Law of Georgia on Broadcasting is incompatible with the broadcasting license. It should be noted that the Public Defender of Georgia, Legal Committee of the Georgian Parliament, the Journalists’ International Federation and the Media Advocacy Coalition are on the same position.