On May 19, 2010, the Human Rights Center appealed to the European Court for interim measures. In the appeal the Human Rights Center requested to admit prisoner Aleksandre Ch. – sick with schizoid nervousness – to jail hospital.
Lawyer of the Human Rights Center Nikoloz Legashvili said that the documents and the medical conclusions attached to the case materials demonstrate that the citizen of Ukraine Aleksandre Ch, who cannot read at all but speaks poor Georgian, did not enjoy the assistance of a translator at the trial; consequently, he could not understand the discussion at the proceeding and signed the documents without being aware of their content. Aleksandre Ch. has schizoid nervousness and pseudo-psychopathic schizophrenia. Thus, he could not participate in the court and investigation proceedings properly. Despite the abovementioned circumstances, Criminal Chamber of the Tbilisi Appeal Court passed a verdict in 2009 and did not change the judgment of the Criminal Collegium of the Tbilisi City Court passed on March 24, 2009.
It is noteworthy that Aleksandre Ch. is convicted for the murder of his mother (Article 108 of the Criminal Code of Georgia) and serves his term in the General and Strict Regime Rustavi Prison # 2 without special treatment; of course, similar environment endangers his and others’ lives.
Nikoloz Legashvili said that the abovementioned circumstances prove that the following articles of the European Convention of Human Rights were breached in regard with the applicant Aleksandre Ch: Article 6 (right to fair trial); Article 13 (right to effective legal defense) and Article 12 - annex (prohibition of discrimination).
The European Court of Human Rights has already granted a number to the case and estimated deadline of June 24, 2010 for the Georgian state to provide the court with additional information about the criminal case. As for the complete appeal to the court, in accordance to the requirement of the Human Rights Court, the Human Rights Center will submit the complete appeal before July 29, 2010.
Lawyer of the Human Rights Center Nikoloz Legashvili said that the documents and the medical conclusions attached to the case materials demonstrate that the citizen of Ukraine Aleksandre Ch, who cannot read at all but speaks poor Georgian, did not enjoy the assistance of a translator at the trial; consequently, he could not understand the discussion at the proceeding and signed the documents without being aware of their content. Aleksandre Ch. has schizoid nervousness and pseudo-psychopathic schizophrenia. Thus, he could not participate in the court and investigation proceedings properly. Despite the abovementioned circumstances, Criminal Chamber of the Tbilisi Appeal Court passed a verdict in 2009 and did not change the judgment of the Criminal Collegium of the Tbilisi City Court passed on March 24, 2009.
It is noteworthy that Aleksandre Ch. is convicted for the murder of his mother (Article 108 of the Criminal Code of Georgia) and serves his term in the General and Strict Regime Rustavi Prison # 2 without special treatment; of course, similar environment endangers his and others’ lives.
Nikoloz Legashvili said that the abovementioned circumstances prove that the following articles of the European Convention of Human Rights were breached in regard with the applicant Aleksandre Ch: Article 6 (right to fair trial); Article 13 (right to effective legal defense) and Article 12 - annex (prohibition of discrimination).
The European Court of Human Rights has already granted a number to the case and estimated deadline of June 24, 2010 for the Georgian state to provide the court with additional information about the criminal case. As for the complete appeal to the court, in accordance to the requirement of the Human Rights Court, the Human Rights Center will submit the complete appeal before July 29, 2010.
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