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Lia Mukhashavria VS Tina Burjaliani’s Qualification

April 28, 2011

Head of the non-governmental organization Human Rights Priority, Lawyer Lia Mukhashavria criticized the government’s attitude to the verdict of the European Court on Sandro Girgvliani’s case.

“I do want to seriously condemn Tina Burjaliani’s qualification (deputy minister of justice). After Georgia lost trial in The Hague Court of International Justice, Burjaliani should not dare to make similar comments on any verdict; particularly when she represents the government which lost the recent trial too; she should attentively read the verdict before making comments on the ECHR Verdict without her personal comments on the fact,” Lia Mukhashavria told the Interpresnews.

She said the ECHR Verdict states that investigation was conducted incompletely which gave ground to the Strasbourg Court to recognize the violation of the right to life by the Georgian state.

The lawyer clarified that state can violate the right to life in two cases – to directly violate it and kill a person and second – the state is entitled to completely investigate and impose punishment on the governmental officials who violate the right to life.

“When the European Court states that Georgian government did not properly investigate the crime and breached the right to life, it means the right should be restored and a new investigation shall be carried out in accordance to European standards,” she said.

Mukhashavria said if the verdict is not appealed at the Grand Chamber within three months after its delivery, it will be put in force and the executive body of the European Court will release a special execution document which will prescribe concrete measures that should be taken by the government of Georgia.

“Before this document is not released and the government of Georgia has not received it, governmental officials cannot make comments on the verdict. In addition, the government of Georgia is entitled to publish the ECHR Verdict in Georgian language and prepare accurate report what was done for the execution of the verdict for the society and the victims,” said Lia Mukhashavria.

Tina Burjaliani commented on the ECHR Verdict yesterday and said the European Court has not instructed the Georgian state to conduct new investigation on Girgvliani’s case in its resolution part.

Interpresnews

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