Parliament Chairman: Criminal Code contradicts Constitution

The Chairman of Georgian Parliament Davit Usupashvili believes a juridical collision in current laws mean members of Parliament (MPs) have "absolute immunity”, making it impossible to charge them for committing a crime.

The collision appeared after Georgia’s Prosecutor’s Office approached Georgian Parliament with a request to approve criminal proceedings against United National Movement (UNM) member and MP Roland Akhalaia.

In a special public statement Usupashvili said after he studied the legislation, it appeared the UNM Government made changes to Georgia’s Criminal Code in 2010, which made it impossible to remove immunity from an MP.

"Georgian Parliament doesn’t have a constitutional right and legal procedures to discuss the possibility of Roland Akhalaia’s criminal responsibility. The Chief Prosecutor of Georgia doesn’t have a right to start criminal proceedings against a Member of Parliament, without Parliament’s permission,” Usupashvili said.

In his statement, he called the situation "absurd” and noted the 2010 changes to Georgia’s Criminal Code were adopted by the then-Parliament with violations of legal procedures.

The chairman addressed Parliament members to "urgently” initiate a draft law that will cancel-out the 2010 changes and will allow the possibility to remove the immunity from MPs and bring the Criminal Code in alignment with the Constitution.

Speaking to Georgian media, Georgian Dream coalition MP Eka Beselia said the draft law will be initiated as soon as possible and might be adopted later this week.

Meanwhile Parliament opposition criticized the planned changes to the Criminal Code and noted this was solely directed toward Akhalaia and represented "a new wave of political repression”.

The Prosecutor’s Office allege Akhalaia might have abused his power while holding the role of Prosecutor of Samegrelo – Zemo, in the Svaneti region of Georgia. 

A statement released by the Chief Prosecutor’s Office said in December 2009, Akhalaia demanded Georgian citizen Marina Esebua to transfer 150,000 GEL into the nonexistent bank account of "Anaklia Development Fund” as a plea agreement for her husband, who was detained.

The money was allegedly intended to be donated to charity however it was transferred to the bank account of a private company belonging to a person was closely connected to Akhalaia. The Prosecutor’s Office stated the sum was entirely used for commercial purposes of the company.

Akhalaia, who is a member of UNM, is the father of the country’s ex-Defence Minister Bacho Akhalaia who is currently detained, and ex-police high official Data Akhalaia, who was convicted on charges relating to torture and abuse of power.