Supreme Court of Georgia

The Supreme Court responded to the accusation of the Minister of Interior Affairs

Published: 02/27/2013

On February 27, 2013, the Minister of Interior Affairs of Georgia wet the students of JIPA and groundlessly criticized one of the courts decisions.
This time the object for criticism was the decision of Batumi City Court.

Mr. Irakli Gharibashvili informed the public that the court allegedly releases the detained criminals groundlessly and unlawfully, which were arrested by the law enforcement officers.

But reality is quite different.
On February 15, 2013, Batumi City Court delivered a judgment according to which the defendants Bachana Janjghavas and Gocha Jakobias imprisonment measure was altered by another restraint measure in amount of 5 000 GEL bail.

The article §18 (3) of the Constitution of Georgia stipulates that the detention is permitted by law in certain cases by the specially authorized person. The person who is detained or otherwise deprived of liberty shall be brought before the competent court within 48 hours. If the court does not issue a decision of arrest or restraint of liberty within 24 hours, the person must be released immediately. 

The court declined the prosecutors assessment that the accused persons voluntarily, with their own free will followed the police officers from Senaki district to Batumi. The defense made an arguable the facts, because the submitted materials indicated to the opposite assumption of the prosecutions considerations.

The court decided that there was a violation of the article §18(3) of the Constitution of Georgia and the violation of detention rules and time limits for the submission of the motion before the court, which are envisaged by the articles §174 and §196 of CCP of Georgia. These circumstances made to alter the restraint measure. 

The third person is also accused in this case and his arrest was conducted according to law and his restraint measure was imprisonment.
But the Minister did not mention this particular case.

Noteworthy is the fact that the prosecution has not appealed the judgment of the court before the higher instance court.

For more information: On November 1, 2012 until February 25, 2013, the Prosecutors Office submitted the motion concerning the robbery crimes before Tbilisi City Court and demanded the measure of imprisonment against 51 persons. Tbilisi City Court granted the motions against 50 persons and only one of them was bailed.