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Interior Ministry Making Provocation to the Judge and the Attorney

December 28, 2004

Interior Ministry Making Provocation to the Judge and the Attorney

On December 22, 2004 employees of Georgian Interior Ministry detained 23-year-old Nana Jakhveladze, one of the attorneys of Rustavi Bar Association during the special operation conducted in the court building and lawyers’ office. In an interview with journalists representatives of the Ministry said that the reason for the attorney’s detention was extorting money from the client for the judge.

At first employees of the Interior Ministry rushed into the room of Nata Tedeishvili, the judge and began searching for the money. After not having found any money they moved to the lawyers’ office and continued looking for the money using forcible methods. Finally, employees in the lawyers’ office gave 300USD to the employees of the Interior Ministry while this 300 USD was to be paid to Nana Jakhvelidze as a fee for advocating services.

Nana Jakhvelidze was defending her client in a divorce not a criminal case; when there is a criminal case a defendant can have the attorney appointed by the state. When it is a divorce case the state does not appoint an attorney. Consequently, this was a private deal between the attorney and the client in which the involvement of the Interior Ministry is illegal.

Nana Jakhvelidze had been detained in the Ministry of Interior for several hours where she had to give some explanation and it has become known to “Article 42 of the Constitution” that attorneys were not admitted to her despite the fact that she had the right to use the services of an attorney from the very moment of detention.

The fact that the Ministry of Interior held special operations practically at the same time in the room of the judge and then in the lawyers’ office gives ground to “Article 42 of the Constitution” to suppose that they needed the attorney as a tool to enable the Ministry of Interior to detain the judge as if he was taking the bribe. Although it turned out that the attorney entered the judge’s room without her fee that she was to take for her services. This fact caused the failure of the operation. This proves that the attorney did not try to extort money from the client and accordingly there was no attempt to bribe the judge.

Organization “Article 42 of the Constitution” declares that the Georgian Constitution and Criminal Procedure Code have been blatantly violated and considers that illegal detention of Nana Jakheladze cannot be left without reaction from the side of the public and attorneys. Furthermore, the organization addresses international human rights organizations including World Jurist Association.

Organization “Article 42 of the Constitution”

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