29 March 2017,   23:02
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Concealing iinformation or falsification of documents - what the Supreme Court did in regard to Rustavi2"s case

 

Tamta Muradashvili, Lawyer of broadcasting company Rustavi 2 : " An information regarding to our case was published on the Supreme Court"s website on March 6, 2017."

This announcement made on March 6 would be added to a list of numerous other documents , published by the Supreme Court"s website if not one single detail - Lawyers of Rustavi 2 have not missed the main point and the purpose of this publication.

--Tamta Muradashvili, the lawyer of broadcasting company Rustavi 2 : "It turns out that the Grand Chamber on out case at the Supreme Court was composed on December 1, 2016."

-- Tamar Bagashvili, Journalist : " We did not know it?"

Tamra Muradashvili, Lawyer of broadcasting company Rustavi 2 : " We did not know it. After our panel handed the case to the Grand Chamber we appealed to the Supreme Court on November 28, 2016 and requested to inform us about composition of the Grand chamber.

Besides this letter, lawyers of Rustavi 2 had almost daily communication with staff of the Supreme Court and were trying to get information about composition of the Grand Chamber. This phone conversation dates back to February 7.

Dito Sadzaglishvili, Lawyer of broadcasting company Rustavi2 : " This is Dito Sadzaglishvili, the representative of broadcasting company Rustavi2. I would like to know if the Grand Chamber has been composed regarding the case of Ruistavi2 ."

---- "I do not know, I have not been informed by judges so far, therefore I do not know, I can not tell you anything"

Dito Sadzaglishvili, Lawyer of broadcasting company Rustavi 2 : " Is there any chance that it is already composed, but you do not know about it? Maybe I have to ask anywhere else? How can I know? "

---" Maybe no, I do not know."

This is February 16. Rustavi 2"s lawyers have another attempt to find out if the Grand chamber is composed. An answer is the same.

- Tamta Muradashvili, Lawyer of broadcasting company Rustavi2 : " Hello, Salome. I am TV company Sakartvelo"s lawyer- Tamta Muradashvili. Salome,is there any news on our case? Is the Grand Chamber composed?"

--- " Not yet, Mrs. Tamta"

Tamta Muradashvili, Lawyer of broadcasting company Rustavi 2 :"And perhaps you will call back, right? We should not call somewhere else, should we? OK."

Responses given to Rustavi2"s lawyers radically contradicts the document, released by the court on March 6.

If the Grand Chamber was composed on December 1, the office should be aware of it after two months. Has the Supreme Court concealed a composition of the Grand Chamber or the country’s highest court tries to forge documents in order to rectify the damaged image with unacceptable methods in front of the Strasbourg Court.

 

Tamta Muradashvili, Lawyer of broadcasting company Rustavi 2 : " We have doubts that this is a falsified document. Or if it is not falsified, it seems that the Court has deliberately violated a side"s right. The side has a right to know which judge considers its case. This is elementary. I would like to know the purpose of publication of this information on March 6. They do not have everything in order, there was something. Supposedly they were acting dishonestly, This response already means that. If the Grand Chamber was already composed, why could it be a problem to inform sides about this?"

If it is about recusals, then we had filled appeals on recusals before and it should not be a problem to inform us about the composition. The fact that this document was published on March 6 is a clear sign that something has happened at the Supreme Court, they are trying to get out of the situation, and for us this is an additional evidence , which we will submit in Strasbourg."

It seems that Nino Gvenetadze"s court used time between the two decisions of the Strasbourg Court in order to create new documents in order to justify itself before the European Court.

Since the decision made by the Supreme Court on March 2 Rustavi2"s lawyers, opposition and civil society have pointed to short period of time devoted by the Grand Chamber to the volumetric and noisy case.

Officially Rustavi 2 was informed about the composition of the Grand Chamber on February 27. The process should be held after three days- on March 2. The decision was made unanimously by all nine judges on the same day.

How the judges managed to read and analyze thousands of pages and take a decision in such short period of time?- This was one of the main questions of lawyers and opposition.

- Tamta Muradashvili, Lawyer of Rustavi 2 :" We used to reiterate in all stories, broadcast since March 2 , how it was possible for the Grand Chamber, composed on February 27, which gathered on March 2 only once and completed its job on the same day to pass a sentence on such a volumetric case . You might remember we had shown photos of these volumes ... "

- Tamar Bagashvili, Journalist : " Yes it was a reasonable and logical question, because the case was very voluminous"

- Tamta Muradashvili, Lawyer of Rustavi 2 : " I believe that they have realized that it was impossible to justify such thing and published this information on March 2. This is a response ,which points as if members of the Grand chamber had information on the case, the material of the case was familiar for them and they were studying it from December 1."

 

Rustavi 2 was not informed on the composition of the Grand Chamber neither on December 1, 2016 nor on February 24, 2017, when Judge Chinchaladze was replaced by Judge Roinishvili according to the document.

 

It is possible that the information published by the Supreme Court"s website was a kind of reference for the judges to dictate what they shall declare publicly about the Rustavi 2"s case. Judge Zurab Dzlierishvili has focused on the term of examination of the case in his first comment.

Mariam Shanshiashvili, Journalist : " Were two days enough in order to consider this huge case and pass a sentence? were these two days enough for you? and for other nine judges?"

 

Zurab Dzlierashvili, Supreme Court Judge : " "You will find in the case files that this is false information. The Panel had not just two days, but a few months."

Rustvai2"s lawyers say that the case of alleged pressure on judges -Paata Katamadze and Besarion Alavidze is not valid argument as well, as the investigation of this matter began on January 14, a month and a half later after the Grand Chamber was composed.

 

Tamta Muradashvili, Lawyer of Rustavi2 : " Let"s say that this is the argument since January14, but where have they been till January 14 ?.

Shalva Natelashvili, Chairman of Labor Party: " We are facing typical forgery."

A leader of Labor Party states that the government was shocked by the Strasbourg Court"s decision. Now the ruling party tries to shift the political decision into the legal framework, However makes more mistakes.

-Shalva Natelashvili, Chairman of Labor Party :" Government makes many mistakes, particularly due to the European Court"s decision, from the shock... We are dealing with drafting a false document at the highest level of the court. This is a main basis for losing this case at the European Court and most importantly, this is a bases for the Prosecutors" Office to launch an investigation. If we had the Prosecutors" Office."

Davit Bakradze, member of European Georgia sees at least concealment of information in the Supreme Court"s activities.

 

Davit Bakradze, Leader of parliamentary minority, member of faction Movement for Freedom- European Georgia : " It is even worse if it is forgery, But even if it is not a forgery, at least this is concealment of information from the society and if you hide important information from the society in regard to such important issue, of course it raises suspicions ."

United National Movement believes that lawyers of Rustavi 2 hooked the supreme court in a lie.

 

Nika Melia, A Chairman of United National Movement"s Political Council :" Could not someone, for example the Supreme Court"s spokesperson make an announcement a year ago that the Grand Chamber was already composed? What could hamper them? Nothing. But how could they say that it was composed, when it was not. And of course neither the Supreme Court, nor Ivanishvili"s team knew that the Strasbourg Court would pass such sentence.

If the Supreme Court"s document is forged, then the demand ,proposed by the Director General of Rustavi 2 during a demonstration on March 11 is even more logical.

Nika Gvaramia, Director General of Rustavi 2 : " We demands resignation of traitors listed here. These are : Nino Gvenetadze, The Chairman of the Supreme Court,, Judges : Ekaterine Gasitashvili, Paata Katamadze, Besarion Alavidze, Mzia Todua, Zurab Dzlierashvili, Vasil Roinishvili, Maia Vachadze, Giorgi Shavliashvili, Natalia Nazghaidze,Nnatia Gujabidze and Shorena Khavelashvili. We demand these people to leave the Court. They do not perform the constitutional functions, they are soul-slaved and their place is not at the court."

Despite of the Supreme Court"s efforts the Strasbourg court has not changed the decision taken on March 3 and on March 7 announced about the extension of the suspension till the final decision.

According to lawyers, this is an unprecedented decision , which indicates that Georgian court has not met minimum standards of Georgian or European justice regarding to the Rystavi2"s case.

 

Davit Jandieri, Lawyer, International Law Specialist : " The circumstances in which the case was examined in Georgia, pointed to only one thing, that Rustavi 2 had no opportunity to protect its procedural rights as it is required by Georgian constitution and the European Convention on Human Rights."

 

 

 

 

These pictures are shot on March 7, it"s seven o"clock in the evening. The TV employees are waiting together for the message about the most important decision.

 

Nika Gvaramia, Director General of Rustavi2: "I remember nothing, I was extremly happy"

 

Dito Sadzaglishvili, Lawyer of broadcasting company Rustavi 2: "I could not believe in what was written. I was so happy that I wanted to read it once again to make sure, that it really was saying what we expected. I read it for several times and then modestly said that the Court expanded the measure. After that Nika read the letter aloud so that everyone could understand what the letter was about. Finally celebrations began.

 

 

Dito Sadzaglishvili, Lawyer of broadcasting company Rustavi 2 :"We were hugging, embracing each other, jumping in joy as it was very important decision for us".

 

Dito Sadzaglishvili, lawyer of broadcasting company Rustavi 2 :" I was reading and could not believe. Then I realized that we the whole Rustavi 2 team, together with Georgians and Europeans made an important breakthrough."

Following the Strasbourg’s decision a new phase of struggle begins for both Rustavi 2 employees and lawyers. Tamta Muradashvili, Dito Sadzaglishvili and many others at the very moment are working on a major lawsuit that will be brought to the EHRC. Now it will be up to the European Court to save the freedom of expression abused and damaged by the Georgian Justice.

 

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