Rustavi 2 loses case in European court, shares returned to ex-owner
By Gvantsa Gabekhadze
Friday, July 19
The opposition-minded Rustavi 2 private broadcaster and its current owners have lost the case in the European Court of Human Rights (ECHR), as the court upheld the verdict of Georgian courts on Thursday and said that 100 percent of shares belong to former owner Kibar Khalvashi.
Khalvashi, who argued that the channel was illegally seized under the United National Movement leadership in 2006, said that the verdict is fair and addressed the Georgian Ministry of Justice to register the shares.
ECHR said in its verdict that the suspension mechanism which it imposed on the decision of the Georgian courts back in 2017, could be removed as “no violation to fair court” took place.
Khalvashi vowed that he will not get involved in the editorial policy of the channel and the only person who will be dismissed will be its current Director General, former Justice Minister Nika Gvaramia.
Khalvashi said that “Gvaramia was appointed there by the regime which illegally seized the channel from me.”
Khalvashi said that he will cooperate with the founders of Rustavi 2 David Dvali and Jarji Akimidze, who also say that the United National Movement illegally seized the channel from them in 2004, shortly after the Rose Revolution.
Gvaramia responded that Rustavi 2 did not wait for “such an unimaginable and shocking verdict,” saying that the channel will appeal it to the Grand Chamber of ECHR.
However, he said that until this happens, the government must not allow Khalvashi to register the shares, “which will be very unfair, and the Georgian people will not allow this.”
He stated that his contract permits his stay in the channel until December 2019 and “I will definitely use the right.”
Gvaramia says that his contract ensures his independence from owners and his dismissal will be unlawful.
Justice Minister Thea Tsulukiani said that the verdict confirmed the “impartiality of the Georgian court,” and said that the enforcement of the verdict would be dependent on Khalvashi’s request.
Ex-President Mikheil Saakashvili has called upon people “to stand together” not to allow the “loss” of Rustavi 2.
The opposition says that the shares must not be registered on Khalvashi before the verdict is appealed, as the “Georgian people will react to it, and this may cause confrontations.”
Later the same day the Georgian Public Registry Agency of the Ministry of Justice registered Khalvashi as the owner of Rustavi 2.
Rustavi 2 has changed owners more than 20 times since its establishment in 1994, the Transparency International Georgia says.
The court dispute over Rustavi 2 started in 2015 when Khalvashi filed a lawsuit to regain his stocks.
The Grand Chamber of the Supreme Court of Georgia, which is tasked with solving the most complex cases, made the final decision on the Rustavi 2 TV dispute and granted the assets of the broadcaster to Khalvashi in early March 2017.
However, the European Court of Human Rights (ECHR) temporarily suspended enforcement of the verdict the next day, after the appeal of Rustavi 2.
As of now Rustavi 2 is owned by LTD TV Sakartvelo (51%) and brothers Levan (22%) and Giorgi (18%) Karamanishvili.
The businessmen brothers also own 25-25 percent of LTD Sakartvelo. The remaining 50 percent of the LTD belongs to the son of the United National Movement opposition leader Koba Nakopia, Nikoloz Nakopia.
Nino Nizharadze owns the remaining nine percent.
Rustavi 2 can appeal the verdict to the Grand Chamber in three-month-time. If not, the verdict will come into action automatically.
