ECHR rejects to revise its ruling regarding Rustavi2 TV case
By Tsotne Pataraia
Thursday, December 12
The Grand Chamber of the European Court of Human Rights (ECHR) decided not to revise the ruling of July 18, 2019, following the appeal of the former owners of Rustavi2 TV Giorgi and Levan Karamanishvili (owners of the channel in 2012-2019). According to the press release, the Grand Chamber panel of five judges decided to reject the request that makes the previous judgment terminal.
On December 10, Minister of Justice Tea Tsulukiani presented the decision to the media:
“This is a big victory for the state, the Ministry of Justice, the government. I would like to thank all civil servants who were mobilized to defend the state's interests and the truth. Both on July 18 and yesterday, December 9, the European Court affirmed that the decision of the Grand Chamber of the Supreme Court of Georgia had not violated the right to a fair trial and the right to property,” said Tsulukiani.
Following a ruling by the Court, Kibar Khalvashi owns 60% of the broadcasting company Rustavi 2. The rest is owned by Khalvashi’s other company “Panorama Ltd”. According to Khalvashi, this decision is a victory not only for him but for the supporters of the TV company.
"Today's decision is a victory not only for me but for all Rustavi 2 supporters. Now everyone is convinced that the allegations of court bias, limitation of party rights, state interference were just deliberate attempts to discredit the judges…I remain committed to my promise - "Rustavi 2" is and will be the most objective, yet critical channel in Georgia, not the one that propagates someone’s ideas, but a family united around values,"reads Khalvashi’s statement released by Rustavi2.
The Chamber of 7 Judges decision on the case of Rustavi2 is following: Declares the applicants' claim for ownership inadmissible as unfounded; holds unanimously that the applicants' right to a fair trial has not been infringed in any instance by the Court of Georgia; holds by six votes to one that the applicants' right to a fair trial with respect to the judges Urtmelidze and Todua has not been violated; declares the remainder of the claims unanimously inadmissible; declares the purpose of the suspension measure used in March 2017 no longer valid and waived.
In this judgement of July 18, the Grand Chamber of the ECHR declared that there has been no violation in fair trial guarantees in Rustavi 2 ownership dispute. As a result of previous ECHR decision, the Georgian government enforced the ruling of the Georgian Supreme Court, according to which Rustavi 2 TV handed over from Karamanishvili brothers to businessman Kibar Khalvashi.
