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The Public Defender of Georgia Demands Shalva Ramishvili’s Early Release from Prison

January 13, 2009

 Shalva Ramishvili
 13.01.09 Medianews

Sozar Subari, the Public Defender of Georgia applied to Zurab Adeishvili, Minister of Justice of Georgia for early and conditional release of Shalva Ramishvili, journalist.

In his application the Public Defender emphasized Shalva Ramishvili’s merit to the development of Georgian journalism and broadcasting culture. The Public Defender also indicated that Shalva Ramishvili’s programs helped to break old stereotypes and establish free thinking.

After the Rose Revolution when free political debates were strictly limited and the Georgian government imposed severe censorship on TV companies, for some period of time Shalva Ramishvili’s programs were probably the only sources which could provide alternative information and view points to the society other than official. 

The Public Defender informed that Shalva Ramishvili has already served 7/8 of this sentence. He has only 9 months left. Shalva Ramishvili has already applied to the permanent commission of the Penitentiary Department within the Ministry of Justice with the request to release him early under condition. The application was not satisfied for completely unsubstantial reasons. This is when Shalva Ramishvili was fully meeting all demands of law. This could make his early release possible. The law demands that the permanent commission of the Penitentiary Department applies to every case of conditional early release individually: the administration of Rustavi Prison # 2 gave positive characteristics to convict Shalva Ramishvili; Shalva Ramishvili has three children; he has already served 7/8 of his sentence which is much more than the 2/3 the law is demanding as the pre condition for early release; he is not dangerous for the society, on the contrary, his involvement into the public life will be useful not only for his rehabilitation but also for the society itself.

Despite the abovementioned facts the permanent commission of the Penitentiary Department refused on Shalva Ramishvili’s application without having substantiated the decision.

It was declared in the frames of so called New Wave of Democracy that there was a new strategy in criminal politics of the government. The aim of this politics was liberalization of the criminal politics. Several thousand prisoners were pardoned in the last 2 years. There were many recidivists among pardoned prisoners who had committed multiple crimes including such grave crimes as drug selling, rape and etc. It is noteworthy that many of them (recidivists) had not served half or third or in some cases 10th of their sentences. They were had not applied for pardon, neither admitted their crime or confessed their illegal activities. There is also a possibility that they will continue their illegal activities which will threaten public order.

The position of the commission is very strict towards some crimes. Drug selling is among those crimes. However, the president of Georgia pardoned many of them in the last 2 years neglecting the commission. This is when the commission pardoned Shalva Ramishvili many times but the President of Georgia did not sign the decision on pardon.

In February 2008, the Public Defender of Georgia requested the President of Georgia to pardon Shalva Ramishvili. He wrote an official letter as well as spoke with the president personally for this purpose. The Public Defender claims that the president agreed to release Shalva Ramishvili but under one condition: Opposition parties, journalists and NGOs had to stop demanding Shalva Ramishvili’s release so that his release would not be taken as someone’s victory or that he was released under someone’s pressure.

Shalva Ramishvili often claims that he is President Saakashvili’s personal prisoner. The Public Defender does not want to make the case political artificially. However, everything that has been mentioned before raises serious suspect that “Shalva Ramishvili is refused on conditional early release as well as on pardon because of the political situation. It also can be concluded that his custody is a punishment for those critical views that he was publicizing through media sources,” states Subari’s petition.

The Public Defender files a motion once again on Shalva Ramishvili’s conditional and early release from prison. He also applies to the Minister of Justice not to admit that free word is in “hostage” when Shalva Ramishvili is imprisoned. He asks the Minister of Justice to express political will and order Ramishvili’s conditional release. The case is not about pardon, it is about early conditional release which is nothing but to change one form of punishment with another.

The Public Defender applied to the Minister of Justice for the early release of Shalva Ramishvili on September 12, 2008. This was when Nika Gvaramia was the Minister of Justice.

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