Lawyers to appeal ECHR decision in Saakashvili case
Kyiv • UNN
Lawyers for former Georgian President Saakashvili will appeal the European Court of Human Rights' decision to dismiss his complaint of political persecution and unfair investigation, arguing that he was wrongfully convicted for using his presidential pardon powers.
The lawyers of former Georgian President Mikheil Saakashvili will appeal the decision of the European Court of Human Rights (ECHR) on the complaint of political persecution and unfair criminal investigation, UNN reports with reference to Novosti Georgia.
We are deeply convinced that Mikheil Saakashvili is being persecuted for political reasons and that his right to a fair trial has been violated. At the same time, he was found guilty of an act that is not considered a crime under the law. Therefore, we will file an appeal to the Grand Chamber of the European Court within the time limits established by the European Convention
He emphasized that the decision on the absence of violations of Article 7 (absence of punishment without law) of the European Convention was made by five votes to two. Basilaya believes that this circumstance confirms the legal force of their claims.
The lawyer explained the inadmissibility of the complaint on violation of Article 18 of the Convention, which discussed the use of the criminal law mechanism by the authorities against Saakashvili, by the rejection under Articles 6 and 7. Thus, the ECtHR did not discuss this part at all.
"We hope that our arguments will be taken into account. Because condemning the president for exercising the prerogative of pardon is an illegal act. Mikheil Saakashvili's right to defense during the trial was essentially violated, and these violations were caused by political motivation," Basilaya said.
Saakashvili's lawsuit
The case of Saakashvili v. Georgia concerns two separate criminal cases initiated after the Georgian Dream came to power. Saakashvili was sentenced in absentia to six years in prison in 2018. Saakashvili is serving this sentence after returning to Georgia and being detained in October 2021.
First of all, the abuse of power. It is related to the beating of MP Valeri Gelashvili in 2005. Saakashvili, according to the prosecutor's office, decided to punish his opponent for criticizing him in a Tbilisi newspaper.
The second concerns the high-profile case of the death of Sandro Girgvliani. The four police officers prosecuted in connection with the crime were among the 170 law enforcement officers pardoned by the president in January 2009.
Saakashvili claims that the verdict in Gelashvili's case was based on the testimony of only two witnesses who quoted rumors. These are former parliamentary speaker Nino Burjanadze and former Defense Minister Irakli Okruashvili. Both politicians were opponents of Saakashvili.
As for the other case, the lawsuit states that pardoning is a direct prerogative and right of the head of state. Saakashvili also claims that the judge who heard the case was neither impartial nor independent.
