About Civil.ge
Eng | Geo | Rus
Last updated: 10:55 - 1 May.'18
RSS
Mobile
Twitter
Facebook
ECHR Grand Chamber Ruling into Merabishvili’s Pretrial Detention Case
Civil Georgia, Tbilisi / 28 Nov.'17 / 17:54

Pretrial detention of Georgia’s former Prime Minister Vano Merabishvili was justified in the beginning, but later on the predominant purpose became to obtain information on unrelated cases, including the one against former President Mikheil Saakashvili, the European Court of Human Rights (ECHR) said in its ruling delivered on November 28.

As a result, the Grand Chamber of the Strasbourg-based court found that there has been a violation of Article 18 (limitation on use of restrictions on rights) of the European Convention on Human Rights taken in conjunction with Article 5 § 1 (right to liberty and security).

While the ECHR found no violation of Article 5 § 3 of the Convention (entitlement to trial within a reasonable time or to release pending trial) with regards to Merabishvili’s arrest and initial pretrial detention in May 2013, the Court also ruled that remanding him in custody four months after his arrest “ceased to be based on sufficient grounds,” thus constituting a violation of the same article. 

The ECHR also said there had been no violation of Article 5 § 1 (right to liberty and security) with regard to Merabishvili’s arrest or his pre-trial detention.

Merabishvili, who served as the Prime Minister for few months before the United National Movement was defeated in the 2012 parliamentary elections, was arrested in May 2013 and charged with misspending and vote-buying; other set of criminal charges were filed against him later - all of them denied by Merabishvili as politically motivated. Merabishvili was found guilty and sentenced to prison terms in several separate trials in 2014.

In his complaint against his pretrial detention filed with the ECHR, Merabishvili was claiming violation of number of articles of the European Convention on Human Rights.

In one of his claims, relying on Article 18 of the Convention taken in conjunction with Article 5 § 1, Merabishvili was alleging that initiation of criminal proceedings against him and his arrest were used by the authorities to exclude him from the political scene and preventing him from standing as a candidate in the October 2013 presidential election.

He also claimed that his persecution continued during the pretrial detention when in December 2013 he was allegedly removed from his cell and taken for a late-night meeting with the then Chief Prosecutor Otar Partskhaladze, whom Merabishvili accused of intimidation for the purpose of obtaining information about the death of the former Prime Minister Zurab Zhvania, and on alleged secret offshore bank accounts of ex-President Mikheil Saakashvili.

In its judgment, the ECHR said although Merabishvili’s pre-trial detention had taken place “against the backdrop of bitter political antagonism between UNM and Georgian Dream,” his submissions “are not sufficient to show that the predominant purpose of that detention was to hinder his participation in Georgian politics rather than to ensure the proper conduct of the criminal proceedings against him.”

The Court, however, also ruled that Merabishvili’s allegations concerning his covert removal from his prison in December 2013 cell was “sufficiently convincing and therefore proven,” and although in the beginning the purpose of the pre-trial detention “had been the investigation of offences based on a reasonable suspicion, it later on became to obtain information about Mr Zhvania’s death and Mr Saakashvili’s bank accounts.”

The ECHR awarded Merabishvili with EUR 4,000 for non-pecuniary damages.

Latest News
01 May.'18 10:55
We Have Moved to a New Platform
Direct Your Bookmarks to https://civil.ge.
29 Apr.'18 03:54
Ruling Party Candidate Wins MP By-Elections
Givi Chichinadze will represent Vani and Khoni single-mandate constituency in the Parliament of Georgia.
28 Apr.'18 09:40
Polls Open for Vani and Khoni MP By-Elections
48,123 voters are eligible to cast their ballots in Vani and Khoni single-mandate constituency.
27 Apr.'18 17:23
State Dept’s Europe Affairs Point Man to Visit Tbilisi
Wess Mitchell will meet senior government officials and address the NATO-Georgia Public Diplomacy Forum.
27 Apr.'18 13:45
In Quotes: Georgian Politicians on Ex-PM Bidzina Ivanishvili’s Comeback
Bidzina Ivanishvili will be approved as the Georgian Dream party chairman at the upcoming convention.
26 Apr.'18 18:15
SG Jens Stoltenberg: Georgia NATO’s ‘Very Close’ Partner
The NATO Secretary General says Foreign Ministers meeting tomorrow will recognize the country’s progress.
26 Apr.'18 14:24
Ex-PM Ivanishvili to Chair Georgian Dream Party
Prime Minister Giorgi Kvirikashvili said Ivanishvili was ‘best equipped’ to add new dynamism to the party.
26 Apr.'18 11:12
Lawmaker Proposes Criminal Liability for ‘Insult of Religious Feelings’
The parliamentary human rights committee decided to set up a working group for scrutinizing the draft law.
25 Apr.'18 17:21
New Abkhaz Government Head Appointed
Gennady Gagulia has served as the Abkhaz “prime minister” twice - in 1995-1997, and 2002-2003.
25 Apr.'18 14:43
Watchdog Improves Georgia’s Press Freedom Ranking
None of the countries of the former Soviet Union (except the Baltics) are ranked ahead of Georgia.

About Civil Georgia
Civil.Ge © 2001-2018, Daily News Online
Registered office: 2 Dolidze Str, 4-th Floor.
51