Local think-tanks comment on Saakashvili’s criminal charges

Local think-tanks say they have found signs of criminal acts in relation to the charges brought against Georgia’s former president Mikheil Saakashvili but are urging investigators to present evidence to prove the charges.

Non-governmental organisations (NGOs) in Georgia also pledged they would monitor the investigation process to ensure it was conducted in a fair and accurate way.

Georgian Young Lawyers Association (GYLA), an NGO that regularly voiced its position on the criminal charges filed against ex-President Saakashvili, said it had found signs of crimes in an arbitration agreement made between the owners of TV Imedi, Badri (Arkadi) Patarkatsishvili’s family and the previous government in 2011.

Georgia’s Chief Prosecutor’s Office charged Saakashvili for the unlawful seizure of Imedi TV and other assets owned at the time by Patarkatsishvili, who died in February 2008, as well as exceeding official authorities that stemmed from breakup of the November 7, 2007 anti-government protests.

GYLA chairman Kakha Kozhoridze said following an examination of the Settlement Act and its legal analysis, it should be concluded that the document allegedly revealed the person responsible for the crimes was a former high governmental official.

In particular, Kozhoridze believed one of the stipulations of the agreement was that "Georgian parties” (individually and jointly) would ensure transfer of assets of former Rustavi Metallurgical Plant, currently Joint Stock Company Georgian Steel, from any relevant third party to the legal entity (investor) named as Patarkatshishvilis’ wife Ina Gudavadze.

"By the time of making the settlement agreement, Georgian Steel was under ownership of another individual (it was not owned by the state or local municipality). Therefore, the government undertook the obligation to transfer ownership to the "investor” [and] other individual’s property which contains elements of criminal offence,” Kozhiridze said.

"Georgian legislation does not outline such opportunity allowing one party to undertake obligation to transfer to another party, the third person’s property when it has no rights thereon,” he said.

Thus Kozhoridze believed this kind of agreement cannot be signed "without the direct intervention of the President”.

Due to the former president’s involvement in the case, as well as the signs of Saakashvili’s presumable criminals, he called on investigators to carefully study the case.

Meanwhile, International Society for Fair Elections and Democracy (ISFED) was another NGO that believed investigative bodies must present sufficient evidence to prove the charges against Saakashvili.

But the head of ISFED Nino Lomjaria had no doubts that the November 7, 2007, "anti-government protests were broken up illegally and the decision makers of issuing the directives must be prosecuted”.

"The investigative authorities have to prove if the ex-president was involved in the case and to present convincing evidence that Saakashvili was involved in illegal activities,” she said.

Lomjaria also recommended investigative bodies launch an investigation under a more define article of the Criminal Code of Georgia, not solely under exceeding official powers, committed more than once with use of violence and insult of victim’s dignity.

"An investigation is ongoing under Part three of Article 333 of the Criminal Code, in particular exceeding official powers, which could be interpreted in several ways,” Lomjaria said.

Part three of Article 333 of the Criminal Code carries a prison sentence from five to eight years.

Meanwhile, Transparency International (TI) Georgia's executive director Eka Gigauri also called on investigation bodies to present evidence that the "ex-President was himself, personally involved in the illegal activities”.

"All are equal before the law, including former and present government officials and we have to fight against impunity but in this case we need tangible evidence,” Gigauri told journalists.

The Chief Prosecution’s Office brought charges against Saakashvili in absentia before the defence counsel earlier this morning.