The Prosecutor’s Office of Georgia has denied the appeal of imprisoned Georgian former president Mikheil Saakashvili’s legal team to identify him as a victim, calling it an “unfounded request.”
The Prosecutor’s Office said the body was “deprived of the opportunity to make any final decision” regarding the case before the completion of the related ongoing investigation. It also said the lawyers of the former president “will be given an opportunity to get acquainted with case materials.”
Before carrying out the prosecutor’s instructions, including obtaining the conclusions of the relevant examination and verifying certain circumstances relevant to the investigation the prosecutor's office is deprived of the opportunity to make any conclusive decision in the case, including recognising the person as a victim,” the body says.
The legal team of Saakashvili appealed to the body on granting a victim status for their client on Tuesday, following a Tbilisi City Court decision to overturn a State Inspector Service ruling against the Special Penitentiary Service for disclosing the politician’s personal data. The politician’s lawyers requested recognition of Saakashvili as a victim of inhumane and degrading treatment as a result of the release.
The State Inspector’s Service determined on December 3 the justice ministry and the Penitentiary Service of Georgia had violated the law on personal data by releasing videos of Saakashvili receiving food and supplements while on prison hunger strike, as well as separate footage of his controversial transfer from Rustavi prison to the Gldani Prison hospital on November 8.
However, earlier this month Tbilisi City Court annulled the State Inspector’s Service decision and related fines against the two institutions, concluding the footage had been justifiably published due to “significant public interest” in the developments around imprisonment and hunger strike of Saakashvili, ruling no violation of the law on personal data protection.
The Prosecutor’s Office has also noted the inspector’s service “has not yet carried out several investigative and procedural actions”, as issued by the Prosecutor’s Office on November 21, adding “the criminal case requires a complex and thorough investigation.”
The former president of Georgia, now a citizen of Ukraine, had been found guilty of abuse of power in two cases in absentia in 2018 and is currently serving his sentence of six years of imprisonment following his clandestine return to Georgia in late September.
Saakashvili, who underwent a course of treatment in Gori Military Hospital following a hunger strike starting the day of his arrest, was transferred back to Rustavi No. 12 prison on December 30.