Georgian Young Lawyers’ Association: “European Human Rights Court never said ex-PM’s detention was politically motivated”

Georgia’s leading non-governmental organisation (NGO), Georgia’s Young Lawyers’ Association (GYLA), says the European Court of Human Rights (ECtHR) never stated Georgia’s ex-Prime Minister Ivane (Vano) Merabishvili was a political prisoner. 

The NGO’s head Ana Natsvlishvili gave an interview to Georgian online media Netgazeti, where she explained yesterday’s judgment of the ECtHR about the pre-trial detention of Merabishvili - Georgia’s former Prime and Interior Minister .

The ECtHR’s comments were released yesterday on its official webpage. The ECtHR ruled the pre-trial detention imposed on Merabishvili after he was charged in relation to several cases was "lawful and based on grounded reasons”.

Merabishvili was arrested in May 2013 after the current ruling Georgian Dream (GD) coalition defeated United National Movement (UNM) in 2012. At the time Merabishvili claimed his pre-trial detention had not been governed by clear legal rules and his pre-trial detention served the purpose of excluding him from being involved in the country’s political life. 

Yesterday the ECtHR ruled Merabishvili’s pre-trial detention was "lawful and based on grounded reasons.” 

However the European Court said one of the decisions of Kutaisi Court about replacing Merabishvili’s pre-trial detention with bail could be a violation, as a Judge orally announced the decision in a very short period of time (i.e. the Court indicated on a procedural drawback). 

The European Court also said the taking of Merabishvili out of prison at night to be interrogated could also be considered a violation of his human rights and the incidences must be investigated. 

Yesterday the ECtHR ruled the Government of Georgia must pay Merabishvili €4,000 in respect of nonpecuniary damage and €8,000 for costs and expenses.

After the release of the verdict Georgia’s Minister of Justice stated the Government "was happy” with the judgment as the ECtHR confirmed the pre-trial detention was fair.  

Georgia's former Prime and Interior Minister Ivane (Vano) Merabishvili. Photo by Interpressnews. 

She said the removal of Merabishvili from his cells at night to be interrogated would be investigated more closely and the Government would appeal the decision about compensation. 

Meanwhile, the lawyers of Merabishvili and UNM held meetings with media and alleged the ECtHR said Merabishvili was a political prisoner and leaving an "innocent man in prison would have a deadly influence on Georgia’s international image”. 

However GYLA refuted these claims.

I couldn’t see where the verdict says the arrest was politically motivated,” said GYLA head Natsvlishvili.

She also explained Merabishvili could not be released from prison as the verdict concerned only his pre-trial detention, and now Merabishvili had been found guilty and sentenced for other crimes.

Natsvlishvili confirmed the ECtHR stressed Merabishvili’s pre-trial detention was legal and mentioned the procedural violations the Court indicated would be raised if it happened to any individual, regardless if the person was an ex-official or a member of the general public.

Merabishvili was detained in May 2013 and was soon charged with faking documents, misspending budgetary funds and vote-buying. He was also charged with exceeding official power in connection with three different notorious cases but he denied all charges, saying they were politically motivated.

In the following months in several separate trials the ex-official was found guilty and sentenced to jail. In February 2014 Kutaisi Court found Merabishvili guilty of exceeding official power and he was sentenced to four years and six months in prison. 

Merabishvili claimed his pre-trial detention had not been governed by clear legal rules and sentencing him had been unreasonable. 

The current Government dismissed all previous and current speculations about the political grounds of Marabishvili’s arrest and stressed everyone was equal before law.