Appellate Court validates custody of Mamuka Khazaradze amidst lingering debate
Mamuka Khazaradze, leader of the political party Lelo – Strong Georgia, has become the first individual to be convicted under Article 349 of Georgia's Criminal Code. The conviction stems from Khazaradze's refusal to appear when summoned by the former Justice Minister Tea Tsulukiani, in response to a lawful demand from a temporary parliamentary investigative commission[1].
The ruling, issued by the Tbilisi Court of Appeals, was made less than an hour before a statement by Giorgi Sioridze, a party representative, who condemned the decision as politically driven[2]. Sioridze has expressed concerns over the handling of the case, questioning the legitimacy of the commission, the improper summoning of key witnesses, and the absence of an oral hearing[3].
Sioridze believes the commission was formed in violation of the rule that at least half of its members be from the opposition. He also highlighted procedural breaches, such as improper summoning protocols and the failure to fill opposition quota seats[3]. The party representative has emphasised the necessity of an oral hearing in such precedent-setting cases[3].
Despite the Court of Appeals' ruling, Lelo – Strong Georgia plans to challenge the decision further by appealing to the Supreme Court of Georgia and potentially to the European Court of Human Rights in Strasbourg[4]. Sioridze argues that the necessary elements of the offense are absent in this case, and that the conviction is unfounded[3].
It is worth noting that there is no prior history of convictions under Article 349 before this notable case involving Khazaradze and Lelo – Strong Georgia[4]. The case highlights controversies over legal and procedural standards in politically sensitive prosecutions under this article in Georgia[4].
[1] Khazaradze convicted under Article 349 of Georgia's Criminal Code for failing to comply with a lawful demand of a temporary parliamentary investigative commission. [2] Giorgi Sioridze, a party representative, has condemned the decision, calling it politically driven. [3] Sioridze questions the legitimacy of the commission, stating that it was formed within an "illegitimate parliament" and in violation of constitutional requirements. Sioridze also referred to the Court of Appeals and the court of first instance for not summoning key witnesses in the case, specifically Tsulukiani and other commission members. [4] Sioridze highlighted that no one in Georgia has ever been convicted under Article 349 before, making this a precedent-setting case. Sioridze also emphasized that court proceedings must not be conducted without an oral hearing. Lelo - Strong Georgia intends to take the case to the Supreme Court and, if necessary, to the European Court of Human Rights in Strasbourg.
- The conviction of Mamuka Khazaradze, a leading political figure, under Article 349 of Georgia's Criminal Code has sparked concerns about politics influencing policy-and-legislation, as his party, Lelo – Strong Georgia, alleges the commission was formed improperly and key witnesses were not summoned.
- The controversy surrounding Khazaradze's conviction under Article 349 and the alleged improper formation of the investigative commission has been raised in the broader context of general-news, crime-and-justice, and politics, as it sets a precedent in Georgia and calls into question the legitimacy of politically sensitive prosecutions.
