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European Court Passed another Verdict against Georgia

November 26, 2007

On November 6 2007 Human Rights European Court made one very important decision against Georgia. More precisely European Court satisfied the suit “Fatsuria against Georgia” which is envisaged under the Article 5, section III of the European Convention on Human Rights on the restriction of freedom and right on integrity. Fatsuria’s suit was about his arbitrary pre-trial detention. Manana Kobakhidze and Maka Gioshvili, lawyers for the organization “Constitution Article 42” represented Fatsuria at the European Court.

European Court defined that the pre-trial detention of the applicant, which lasted for nine months and 12 days, was groundless and illegal. The decisions made by Georgian inner courts based on the suspicions of the Prosecutor’s Office which doubted that the accused might disappear or destroy proofs against him. However, the suspicions of the Prosecutor’s Office were not reinforced by any valid evidences.

European Court considers that Georgian courts have breached the Article 5 of the European Convention on the personal freedom and rights to security, while sentencing the applicant to pre-trial detention based on formal grounds. Consequently, the European Court charged the Georgian state to pay 3 67- Euro to the suitor as a moral and material reimbursement.

It is noteworthy that the decision passed on Fatsuria’s case was the first occasion in European Court which dealt with the violations of the Georgian Judiciary System that have occurred since the Rose Revolution.

It must be pointed out that while making decision on sending a person to prison the courts depend on the formal basis mentioned in the legislation. More precisely, the law states that a crime is committed and there is real possibility that the accused disappear or influence witnesses or destroy the proofs against him/her. The judges tend to copy that statement directly into their final decision without giving any valid evidences to prove their decision. They automatically satisfy the petitions of the Prosecutor’s Office on imprisonment. European Court on Human Rights used a set of precedents in its final conclusion where the rights on personal freedom and security were violated when the pre-trial detention was not motivated, groundless and unreasonable. It is evident that hundreds of accused people have been sentenced to imprisonment based on formal grounds, without any proofs and motivation; similar situation results into the violation of the rights guaranteed by the Article 5 of the convention.

Organization ‘Constitution Article 42” supposes that local courts will take into consideration the decision of the European Court and will not depend on the formal basis indicated in the law while passing decision on imprisonment in order not to satisfy the petitions of the Prosecutor’s Office automatically. As a result of it they will avoid the losing of cases at the European Court as well as large fines.

Gia Fatsuria was director of the State Insurance Company and was imprisoned in May 2004 for attempted swindling. He serves his term at Rustavi Penitentiary Establishment of General Regime # 1. He is a journalist by profession and goes on his activities in prison too-he writes publicist articles. On November 12 he won another court hearing. According to the law on imprisonment, under which a prisoner can carry out his/her professional activities in the detention establishment, Fatsuria petitioned to the Penitentiary Department to provide him with computer and printer in the prison cell. Tbilisi Civil Court satisfied his petition and charged the Penitentiary Department to provide the prisoner with computer.

 

 

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