European Court delivered a judgment on the case concerning proponents of Igor Giorgadze
01-11-2009
On 27 October 2009 the European Court made public a judgment on the case « Pandjikidze and 6 others versus Georgia » and found that Georgian government had violated Article 6 of the European Convention (right to a fair trial).
Organization « Article 42 of the Constitution » represented the interests of Pandjikidze and others before the European Court.
The case was originated in an application submitted by Archil Pandjikidze, Zoia Pandjikidze, Gujar Kurashvili, Kakhaber Kantaria, Giorgi Giorgadze, Otar Melikidze and Ioseb Nadiradze – persons accused of attempted coup dEtat.
In particular, the applicants complained that on the initial stage of the preliminary investigation they had no access to the lawyer of their own choosing. After detention they were subjected to ill treatment. Pandjikidze, Kurashvili and Kantaria also alleged that their case was not considered by a court established by law, due to the fact that the judgment was delivered by the tribunal consisting of one judge and 2 public juries.
In the European Court chamber of seven judges, including also a judge from Georgia – Nona Tsotsoria examined the case.
The European Court found that the applicants were victims of violation of only Article 6 of the European Convention – right to a fair trial as, indeed the case of the applicants was not examined by a court established by law.
In particular, in this case also, as in the judgment delivered on 20 October, case « Gorgiladze v. Georgia » the Court stated that jury trial was not established by law in Georgia, due to the fact that there was no legal regulation of the judicial functions that the lay juries who were not lawyers, exercised.
As in 2003 Georgia had already ratified the European Convention of Human Rights, it had an obligation to establish a court system in such a manner as to ensure that principles guaranteed by the European Convention were respected. Therefore the European Court held that any decision taken by the public jury is unlawful, breaches Article 6 of the European Conventions and any person whose case was examined by public juries has a right to request fresh examination of his case on the merits.
European Court held that the government of Georgia should pay 2000 Euros to Pandjikidze, Kurashvili and Kantaria.
The end
Additional information:
In 1999 the Ministry of Security initiated criminal proceedings against the grouping, which according to the information of the law enforcement, plotted coup dEetat by killing former President of Georgia, Chair of the Parliament, Ministers of Internal Affairs, Security and National Defence. According to the version of the investigation, the leader of this grouping was Igor Giorgadze.
Pandjikidze, Kurashvili, Kantaria and Giorgadze were detained in 2001 on the basis of the wire tapping and were charged for high treason through collusion, preparation and attempt of terrorist act, establishment of illegal armed gang, participation in the gang, illegal purchase, keeping, carrying and transportation of fire-arms.
On 8 November 2001 Criminal Chamber consisting of one judge and two juries partially acquitted the defendants and found them guilty of collusion with a purpose of violent overthrow of the government. Pandjikidze was also found guilty of illegal acquisition and transportation of fire-arms.
The court sentenced Pandjikidze, Kurashvili and Kantaria to three years of imprisonment and Giorgadze to two years and five months of imprisonment.
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