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Human Rights Center appealed the European Court of Human Rights over the case of Businessman Davit Adeishvili

22.05.2019

 
Human Rights Center appealed the European Court of Human Rights to restore the breached rights of Businessman Davit Adeishvili with regard to his forcibly seized property. 

Human Rights Center believes the rights of Davit Adeishvili guaranteed under the Article 3, 6, 8, 13 of the European Convention on Human Rights and the Article 1 of the Additional Protocol 1 of the Convention were violated. The State failed to effectively investigate the torture and inhuman treatment of Davit Adeishvili in 2009, under the previous government, that significantly affected his health. The State has not yet granted victim status to him. 

The right to fair trial of Davit Adeishvili was also breached. The right to respect personal and family life of the applicant is still humiliated. His right to property is significantly damaged that is result of ineffective investigation.

The state failed to ensure impartial investigation and defense mechanism, which could guarantee unbiased investigation and fair judgment. 

HRC defends legal interests of Davit Adeishvili. 

Background: 

Davit Adeishvili was 50% share-holder and the director of the Ltd Leon. The company imported and distributed products and household appliances produced by leading companies (SONY, YAMAHA). The annual fiscal turnover of the company was about 3 million USD. 

On August 20, 2009, late at night, employees of the financial police of the revenue service at the Ministry of Finances visited Davit Adeishvili at home and demanded him to accompany them to the financial police. At the police they interrogated Adeishvili and brought charge of swindle and then – illegal obtaining of a credit (punishable under Article 208 of the Criminal Code of Georgia) against him. 

The Financial Police, through cheating, with the support of Adeishvili’s business partner E.E, who turned up a relative of that time head of the financial police, misappropriated 100% of the Ltd Leon. 

Davit Adeishvili, who was accused of swindle, became victim of cheating himself from the side of financial police and prosecutor’s office. The imposed charges were absurd, as there were no direct or indirect evidence against him. During 9 months Davit Adeishvili did not admit the charge. In the end, two persons entered prison N8 and threatened him with creating problems for his two sons unless he signed the plea-agreement. 
Former investigator prosecutor and later chief prosecutor of Georgia Irakli Shotadze was supervising the illegal investigative activities against Davit Adeishvili. 

Davit Adeishvili believed they could really create problems for his sons and signed plea-agreement; in addition to that he paid 30 000 GEL as a fine. 

On February 5, 2013, the Tbilisi prosecutor’s office started investigation into the criminal case №010050413803 based on Davit Adeishvili’s application, where he complained about the abuse of professional power by investigation officers. The offence is punishable under Article 332 Part 1 of the CCG. The prosecutor’s office has been investigating this case for 5 years already but nobody was punished yet. Human Rights Center believes the ineffective investigation is connected with the influence of the former chief prosecutor Irakli Shotadze on the investigation process, who himself participated in the illegal activities against Davit Adeishvili. 

As in January 2019, the Court refused Davit Adeishvili to grant victim status and the investigation is still undergoing ineffectively, HRC appealed the ECtHR to restore his breached rights. 

Human Rights Center 

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