On February 10, 2014, law enforcement agencies detained local executive (Gamgebeli) of Khoni Municipality Zurab Jibukhaia and is deputy Besarion Chelidze as well as deputy chairman of United National Movement’s (UNM) Dusheti district organization Zurab Otiashvili.
Jibukhaia and Chelidze were charged with Section 3 of Article 182 of the Georgian Criminal Code (embezzlement and fraud in aggravating circumstances) section 1 of Article 332 (Abuse of authority) and Article 341 (Fraud) envisaging imprisonment form seven to 11 years. The case concerns illegally cut down timber confiscated four years ago by the Financial Police which was officially transferred to Khoni Municipality self-government. According to the Prosecution, the timber was distributed amongst wood processing workshops rather than socially vulnerable families.
In line with Section 12 of Article 38 of the Criminal Proceedings Code, a defendant should not be sentenced to pre-trial detention with the exception of cases in which there is flight risk, risk of criminal activity, influencing witnesses, suppression of evidence or execution of the verdict. The Prosecution was unable to present case for any of such risks. Despite this, Kutaisi City Court sentenced both Jibukhaia and Chelidze to pre-trial detention on February 12 of this year.
Khobi municipality is one of the three municipalities in Georgia in which UNM Gamgebeli has remained in office. Of the tree, two UNM Gamgebelis are charged. According to UNM, Mr Jibukhaia had intention to run as a candidate for Gamgebeli office at the upcoming local elections. Sentencing him to pre-trial detention excludes the possibility of his active participation in the election campaign.
In addition to Khoni, criminal charges against a UNM member were brought in Dusheti Municipality. Deputy Chair of the local UNM chapter Zurab Otiashvili, who was recently elected as deputy chairman of the local Sakrebulo was charged by the Investigative Department of the Ministry of Finance with Article 332 of the Crminal Code of Georgia (abuse of power), Article 333 (exceeding authority), Article 180 (fraud) and Article 340 (accepting illegal gift). We have not studied Mr Otiashvili’s case, but consider that similar to Jibukhaia and Chelidze, the arrest of Mr Otiashvili will not complement UNM to conduct an election campaign accordingly.
We consider that everyone is equal before the law and in case the charges are proven, everyone should face legal consequences disregarding party affiliations. However, it should be considered that in the run up to the local elections arrests of active members of an opposition party for crimes allegedly committed several years ago and demand of pre-trial detention by law enforcement agencies generates additional questions. The situation is aggreviated by the fact that several months ago, the Chief Prosecutor’s Office publicly presented shift in its approach to so-called “white collar crimes” and special application of pre-trial measures against persons charged for such crimes. The request of pre-trial detention in the abovementioned cases certainly did not follow such spirit.
We consider that:
In the run up to an election, law enforcement agencies should, as much as possible, refrain from arresting members of the opposition party unless, of course, there is an urgent and imminent need. Such actions can generate certain questions with regards to fairness of the election environment. Similar recommendation was issued by the Inter Agency Task Force for Free and Fair Elections (IATF) in the run up to the presidential election.
It is desirable that the Government would start considering setting up the IATF. The arrests of opposition members once again highlights the necessity for setting up such commission, including, before the launch of the actual election campaign.
Georgian Democracy Initiative
Human Rights Education and Monitoring Center
Georgian Young Lawyers` Association
Transparency International – Georgia
CIDA
International Society for Fair Elections and Democracy
Article 42 of the Constitution
