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Statement of Human Rights Center about the violations in the so-called cyanide case

April 11, 2018
 
So-called cyanide case has been top high-profile case since 2017. Nevertheless, the society still has not received answers to the legitimate questions and those violations, which were committed against the accused clergyman Giorgi Mamaladze.

The proceedings in both instances of court were conducted beyond public control as trials were closed without any clarifications. The Court did not fulfill the recommendation of the Public Defender and solicitations of the advocates to close only those parts of the trials, where details of personal life were discussed. 

From the very first days, the presumption of innocence were violated in relation with Giorgi Mamaladze from the side of senior government officials that created preliminary public opinions about the guiltiness of the bishop. 

The equality of arms was also breached while the obligation on non-disclosure of information was imposed on the defense advocates though the prosecutors intensively publicized the evidence materials from the case. 

By imposing the obligation on non-discloser deprived the defense side from the possibility to carry out necessary expertise in the case. 

The Tbilisi City and Appeal Courts groundlessly did not satisfy the solicitation of the defense side to obtain video-recordings of the arrest and search of Giorgi Mamaladze in the Tbilisi International Airport that was significant evidence for the investigation. 

In both instances of the court Giorgi Mamaladze was deprived of the right to get well-grounded judgment. The courts could not answer the questions from whom and how he purchased the cyanide. In both courts the burden of verification lays on the accused and all doubts are addressed against the accused person.

Neither courts answered the question why Giorgi Mamaladze had decided to kill the secretary of the Chatholicos Patriarch of Georgia Shorena Tetruashvili.

The right to fair trial was substantially violated in relation with Giorgi Mamaladze which was revealed in all stages of the case proceeding and court judgment. 

Bishop Giorgi Mamaladze was deprived from the right to fair trial and he became victim of the violated fundamental rights from the side of the State. 

Human Rights Center

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