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Legal assessment of the current criminal case against Nika Gvaramia

22.10.2020

 
Human Rights Center prepared an analytical document - Legal assessment of the current criminal case against Nika Gvaramia.  The purpose of the document is to assess to what extent the charges brought by the prosecution against Nika Gvaramia, the director of the Mtavari Arkhi (Main Chanel)  - meaning the embezzlement of assets under aggravating circumstances - actually contain the signs of a crime sufficient for holding a person criminally liable.  
 
Moreover,  the document analysis to what extent the commencement of criminal prosecution following the decision made by the former CEO of Rustavi 2 is in line with thebnorms and practice of the national and international laws; Furthermore, whether there are some alleged political motives and signs of selective justice in the case.  

The research is based on various documents of criminal cases, further, on the reports of court hearings prepared by the HRC court monitor, and on the identified problem issues of the substantive criminal law and the procedural criminal law. During the course of the research, we have carried out a comparative legal analysis revealing the various legal issues existing in the Case. The comparative analysis is based on the juxtaposition of the national legislation and of the decisions of national courts with some of the judicial decisions by the US and German courts, further with various international standards having the origin in corporate legal relations, and finally with relevant judgments rendered by ECtHR. 

The document concludes that the contents of the charges, the prosecution  in time and space, the actions taken by different authorities (including arbitrary interpretation of a criminal norm) and other factual circumstances unequivocally point to the possible use of selective justice against an activist with different political views. 

Human Rights Center monitors the criminal cases launched against Giorgi Rurua in the framework of the project “Public Events Monitoring.” Currently, HRC monitors trials into 20 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 (NED).

                                                                                                      
                                                                                                                      Human Rights Center 

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