The Messenger #147 (1414) - Ombudsman slams Batiashvili verdict as "groundless"

Friday, August 3, 2007, #147 (1414)

Ombudsman slams Batiashvili verdict as "groundless"

By Ana Kvrivishvili

On August 2, Georgian Human Rights Ombudsman Sozar Subari labelled the court decision on Irakli Batiashvili's sentencing as "groundless and unjustified."

Batiashvili, leader of the Forward Georgia party, was arrested in August 2006 and charged with links to an uprising in the Kodori Gorge staged by rebel warlord Emzar Kvitsiani. Batiashvili, the government said, provided "intellectual support" to Kvitsiani in a tapped telephone conversation between the two.

Subari outlined a variety of perceived injustices throughout Batiashvili's trial, stating, "I believe that the prosecution was privileged during the court proceedings."

The ombudsman pointed to unreliable evidence presented at court. He stated that a transcription of a telephone conversation-which he believes heavily influenced the final verdict-should not have been admissible evidence, as it was not the original but rather an inaccurate copy.

"Reliable evidence was not presented in court…The transcribed recording did not resemble the original, so the verdict should not have been based on the copied version," Subari told the Messenger.

Subari went on to cite a list of other problems with the court proceedings. The ombudsman said that two witnesses who should have been questioned were exempted for invalid reasons.

"Irakli Kodua, head of the Interior Ministry's special operations department, was not questioned because he was on a business trip," Subari stated.

The ombudsman claimed that violations were made during the investigation process as well, as the defense wasn't given all of the relevant case material.

Subari sent his conclusions to Batiashvili's defense team and the Highest Council of the Ministry of Justice, which has been asked to begin disciplinary proceedings against judge Maia Tetrauli, who presided over Batiashvili's trial.

Batiashvili's defense lawyer, Soso Baratashvili, asked the ombudsman to review documents from the case shortly after the verdict was handed down.

"There are some serious violations, over the principle of competitions, the falsified tape recording, the exemption of witnesses…we asked the ombudsman to look through the Batiashvili matter," Baratashvili told the Messenger.

Baratashvili also stated that Batiashvili's nine-month pre-trial detention contravenes international law.

The defense team hope that Subari's statement will attract the attention of Georgian authorities.

"We will translate Subari's conclusions and send it to all the international organisations…Hopefully, it will have a direct influence on the decision of the court of appeals," Baratashvili said.