Judge appoints temporary managers of Rustavi 2 TV

Tbilisi City Court Judge Tamaz Urtmelidze, who has been leading a legal dispute between the former and current shareholders of private broadcaster Rustavi 2, delivered a verdict yesterday that temporarily deprived the TV channel’s current director Nika Gvaramia and financial director Kakha Damenia of their obligations. 

The Judge made this solution after the former owner of Rustavi 2 Qibar Khalvashi addressed the court to distance the Gvaramia and Damenia from their roles at the media outlet until the legal tribunal delivered a final verdict over the dispute.

Khalvashi’s lawyer said his client was motivated to address the court with his appeal following the recently leaked audio recordings on the internet that revealed a conversation between Gvaramia and Georgia’s ex-president Mikheil Saakashvili, where the duet spoke about an alleged coup in Georgia using the Rustavi 2 developments for the reason to start action. 

We wanted the process to be safe from political interferences,” Khalvashi’s lawyer Paata Salia said. 

The Judge upheld the appeal and explained to ensure the safety of the property of the broadcaster, the current managers of Rustavi 2 would be temporarily dismissed and Davit Dvali and Revaz Sakevarishvili would temporarily stand in their place.

Dvali was one of the founders of Rustavi 2 and Sakevarishvili served as one of the leading managerial figures of Imedi TV. He also worked as a journalist for Rustavi 2 in the past.

The Rustavi 2 leadership has a right to appeal the verdict within 30 days. 

When hearing about the verdict Gvaramia held a special press conference, where he stressed he would not leave the broadcaster’s building. He said a "dictatorship has been established in the country” and the current Government wished to close the "most impartial media outlets in Georgia”. 

Gvaramia also stressed that Dvali and Sakevarishvili were unsuccessful managers who had brought their media outlets to financial collapse. 

In response Khalvashi also held a press conference with the former owners of Rustavi 2 Jarji Akimidze and Davit Dvali, where he claimed "no one intended to call the police and forcibly raid the broadcaster’s building”. 

Khalvashi promised protection and a safe environment to the entire Rustavi 2 staff. Khalvashi also said if he won the case he would give 50 percent of his shares to Akimidze and Dvali. 

Dvali stressed the major aim of the former owners of Rustavi 2, who he alleged were illegally deprived of their shares under the previous state leadership, was to reproduce a broadcaster that was free from any political interferences or agenda. They emphasized that currently Rustavi 2 was "totally controlled” by opposition political party United National Movement (UNM). 

Georgian Government’s reaction

Commenting on the issue through a special statement Georgia’s Prime Minister stressed that a "legal dispute between a former and current shareholders of a media outlet must not have any political layer”. 

PM Irakli Garibashvili said the Government had no touch on the dispute, where all sides had used their legal levers to protect their own interests. 

The Government’s obligation in this situation is to ensure court and media freedom,” Garibashvili said. 

Parliament Speaker David Usupashvili said the court "must not be dragged in the political fight without rules”. 

It is unacceptable our country’s political life to be orchestrated by Saakashvili-Khalvashi scenario. The dispute must not damage the state interests,” Usupashvili said, appealing to all politicians to support Tbilisi City Court to deliver a verdict in a calm environment. 

Georgia’s Justice Minister Thea Tsulikiani stressed the Judge’s verdict was in line with the "Constitution”. She added Gvaramia was a UNM period official who tried to "sell himself” as an impartial ruler of the broadcaster. 

Diplomatic corps’ comments 

The United States Ambassador Ian Kelly said he was "deeply concerned” about the developments late Thursday night related to the management and ownership of Rustavi 2.

Attempts to change the management of the station in advance of the appeal process have profound political implications. In a democratic society, critical opinions should be encouraged, not silenced,” he said. 

Responding to the statement Tsulukiani asked for an explanation from the Embassy as she said the Judge had made a verdict in the afternoon and there was nothing unconstitutional in his solution. 

European Union (EU) representation said they were "closely observing” the case and, based on the current situation, refrained from making more detailed responses. 

Previous developments 

November 3 Tbilisi City Court delivered a verdict in the Rustavi 2 case that ruled the only legal owner of 100 percent of shares of the TV company was Qibar Khalvashi. However one day earlier the Constitutional Court announced enforcement of a verdict could only start once the case covered all legal instances in Georgia, therefore Khalvashi could not take practical steps in the broadcaster. 

Between 2004 and 2012, Rustavi 2 changed owners approximately 20 times, often in controversial deals that had a political flavour, involving people with close links to [then] president Mikheil Saakashvili and to officials of the United National Movement-led government,” read a survey published by non-governmental organisation Transparency International Georgia.

Rustavi 2 was established in 1994 by three shareholders: Dvali, Akimidze and the late Erosi Kitsmarishvili.