Appellate Court upholds custody of Mamuka Khazaradze amidst heated debates over custody rights
The Tbilisi Court of Appeals has upheld the decision to keep Mamuka Khazaradze, the leader of Lelo - Strong Georgia, in custody. The party has expressed its intention to take the case to the Supreme Court, alleging political motivations behind the conviction.
The conviction stems from Khazaradze's refusal to appear when summoned by then-Justice Minister Tea Tsulukiani in relation to a parliamentary investigative commission. Khazaradze was found guilty under Article 349 of Georgia's Criminal Code, which refers to the failure to comply with lawful demands from state bodies.
Giorgi Sioridze, a party representative, has condemned the decision, questioning the legitimacy of the temporary parliamentary investigative commission and the procedural breaches that allegedly occurred during the inquiry. Sioridze argues that the necessary elements of the offense are absent, and the commission was formed within an "illegitimate parliament," according to him.
The legislative basis for parliamentary investigatory commissions in Georgia is the Constitution and relevant laws. These commissions are authorised to require information and testimony from individuals, and individuals are legally obligated to comply with their demands if they are properly constituted and acting within their legal mandate.
Khazaradze's conviction sets a precedent that individuals cannot refuse to comply with lawful demands from state bodies or parliamentary commissions without facing legal consequences. This case highlights the serious legal implications of defying such commissions, emphasising the importance of compliance with legal processes in Georgia.
As of recent developments, the Prosecutor's Office has been investigating Khazaradze for similar offenses, further solidifying the legal framework against non-compliance. However, Sioridze pointed out that the Court of Appeals, like the court of first instance, did not summon key witnesses in the case, including Tsulukiani and other commission members.
If the Supreme Court does not provide a satisfactory resolution, Lelo - Strong Georgia plans to take the case to the European Court of Human Rights in Strasbourg. Sioridze expressed determination to pursue the case to its conclusion, aiming for the Strasbourg Court to dictate the truth.
[1] Source: https://www.georgiatoday.ge/news/33557/Tbilisi-Court-of-Appeals-Upholds-Khazaradze-s-Custody [2] Source: https://www.civil.ge/archives/434302
The ongoing war-and-conflicts and politics in Georgia continue to influence policy-and-legislation, as seen in the case of Mamuka Khazaradze, the leader of Lelo - Strong Georgia, who was found guilty of not complying with lawful demands from state bodies under Article 349 of Georgia's Criminal Code. The party argues that this case highlights the need for scrutiny of parliamentary investigative commissions to ensure they are properly constituted and acting within their legal mandate, raising concerns about general-news controversies surrounding political motivations and procedural breaches.
