European Court Passed Judgment on the Accused in High Treason

Tako Khutsishvili

On 27 October, 2009 European Court published judgment on the case on plotters. More precisely, it is case “Panjikidze and other 6 VS Georgia”. European Court concluded that Georgian state breached the Article 6 of the European Convention on Human Rights (right to fair trial).

The case was launched based on the appeal of Archil Panjikidze, Zoia Panjikidze, Gujar Kurashvili, Kakhaber Kantaria, Giorgi Giorgadze, Otar Melikidze and Ioseb Nadiradze who were accused for the attempt of the overthrow of government in 1999; they complained about illegal activities of the law enforcement bodies of Georgia. They complained their attorneys could not participate in the first stage of investigation. After detention they were mistreated. Panjikidze, Kurashvili and Kantaria claimed their case was not discussed by competent court because it was composed by one judge and two lay-judges.

Non-governmental organization “Article 42 of the Constitution” represented Panjikidze and others at the European Court. The lawyer of the organization Nikoloz Legashvili said the court decision will cause big resonance in the country.

“European Court made precedent decision and concluded that Article 6 of the European Convention was breached. The institute of public jury of Georgia was not created properly because their activities were not regulated by the law. Georgia had ratified the European Convention of Human Rights which obliged the country to establish the judiciary system in compliance with the principles of the convention. Consequently, European Court considered the decision of the juries to be illegal and incompliant with the Article 6 of the Convention.”

It must be noted, that European Court imposed the state of Georgia to pay 2 000 Euro to Panjikidze, Kurashvili and Kantaria.