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Legal assessment of the criminal cases launched against Irakli Okruashvili

08.07.2020

Human Rights Center prepared the legal assessment of the criminal cases launched against Irakli Okruashvili. The document aims to legally assess the criminal proceedings launched against Irakli Okruashvili the leader of Victorious Georgia party, as well as  his conviction and pardoning through the analysis of the international practice and the Georgian context.

In order to identify possible political motives, the criteria necessary to grant a political status to an individual elaborated by the Council of Europe and the international organization Amnesty International, are analyzed in the report. 

Regardless of the position of the Georgian authorities, considering the political context in Georgia, ongoing criminal prosecution against concrete political leaders, obscurity, shortcomings, insufficient evidence in the case files and other circumstances raise doubts among the Georgian civil society organizations and international partners that there are political motives in these cases.

The document evaluates two recent criminal cases launched against Irakli Okruashvili. One case is related with the June 20-21, 2019 events, for which the police arrested Irakli Okruashvili on July 25, 2019 and accused him of the organization, management or participation in the group violence. The second charge was brought by the prosecutor’s office in relation with the so-called Amiran (Buta) Robakidze’s case under the Article 332 Part 3 –c of the Criminal Code of Georgia – abuse of official powers.

The Prosecutor’s Office of Georgia brought charges against Irakli Okruashvili for the criminal case reviewed in this chapter several days before the 15 years limitation term of the criminal case, regulated by the Article 71 Part 1 – “c”1 of the CCG, was due to expire.

According to Human Rights Center’s assessment, this fact, within the frames of reasoned assumption, creates doubts that the Prosecutor’s Office of Georgia aimed to overlap the terms of the remand detention for both criminal cases with as shortest time as possible and to keep the defendant in pre-trial detention as long as possible. These facts indicate at the interests of the government in the criminal prosecution against the defendant.

Furthermore, the document also analyzes the criminal case launched against Koba Koshadze, whose arrest was most probably connected with the political activities of Irakli Okruashvili.

The analysis of the cases in the above document revealed several fundamentally crucial material and procedural-legal violations as a result of selective justice and alleged political motives of the state in relation with the cases with political context.

Human Rights Center monitors the criminal cases launched against Irakli Okruashvili in the frame of the project “Public Events Monitoring.” Currently, HRC monitors trials into 19 criminal cases in the common courts, where alleged political motives are identified. 

The project is implemented with the financial support of the National Endowment for Democracy.

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