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Trials into Deacon Giorgi Mamaladze’s Case Shall Be Public

11.07.2017

 
Closing of the court hearings into Deacon Giorgi Mamaladze’s case does not serve the legitimate goal of the court hearings stipulated in the criminal procedure code.

Human Rights Center defends interests of Deacon Giorgi Mamaladze into so-called Cyanide Case and monitors the trials. Human Rights Center believes closing the trials into Giorgi Mamaladze’s case does not serve the legitimate purpose of the criminal procedure code.

The first witness of the prosecutor’s office made a testimony only based on his assumptions and doubts. At the same time, the accusation statement was made against the main witness of the case Irakli Mamaladze, and the investigative bodies had to study what kind of information he possesses, as it was claimed by the convicted Irakli Pirtskhalava. The latter said Irakli Mamaladze was the agent of the security service and his nickname is “press.”

Despite the resistance from the side of prosecutor’s office, the court satisfied the solicitation of the defense lawyers and the convicted Irakli Pirtskhalava will be interrogated as a witness.

Human Rights Center believes the court made fair decision to decline the position of the prosecutor’s office claiming that Irakli Pirtskhalava, being the convicted person, cannot be trustworthy witness for the court. No evidence has preliminarily estimated validity for the court. 

The prosecutor’s office purposefully tries to prevent the witnesses from disclosing the information which is inacceptable for them. In several occasions, they tried to decline the questions of the defense side, though they referred to very important issues and aimed to get either confirmation or refusal from the witness about concrete facts or circumstances. In several instances, the witnesses of one of the state institutions gave absolutely controversial answers to the questions of the defense side, which referred to the developments in the airport. The questioned investigators could not clarify why the baggage of Deacon Giorgi Mamaladze was not searched in the Tbilisi International Airport. The investigators also could not clarify why dactyloscopy expertise was not conducted on the guns withdrawn from the deacon’s house to check the version of Giorgi Mamaladze, who claimed that the main witness Irakli Mamaladze had handed those guns to him to keep at home. By now, several employees of the security service of the Patriarchate have been questioned, who confirmed that Giorgi Mamaladze often helped them financially. They also confirmed that they had to fund their meals in Germany from their own money. During the cross-questioning, the witnesses of the prosecutor’s office confirmed that the salary of Deacon Giorgi Mamaladze was several times reduced after he was appointed to the position of the director of the St. Joachim and Hanna Maternity House, because the clinic had grave financial problems. 

Human Rights Center believes the closing of the trials does not aim to raise the public trust towards the judiciary system. It is particularly problematic because before the court hearings started, arrest of Deacon Giorgi Mamaladze caused huge public interest, unclear charge was imposed on him and it was attempted to mislead the society. Human Rights Center believes the court may partly close the trials in accordance to the Article 182 Part III of the Criminal Procedure Code. 

Human Rights Center appeals the Court to open the trials into Deacon Giorgi Mamaladze’s case for public. The court has procedural ability to partly close the hearings when considering concrete evidence, which may contain the information about private lives of other persons and respect their rights. It is the transparency of judiciary process that ensures raised trust towards judiciary system. 

Human Rights Center 

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