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Violations of Art. 6 par 1 - Page 2
Alleged violation of Article 6, par. 1
In this specific case the situation is the following: the former Minister of Labor, Healthcare, and Social Welfare of Georgia (whose so-called reforms have totally failed; he was dismissed from his position in September 2007) considered it necessary to arrest publicly (that is, in nothing but a well-staged show) and then to imprison for three years two innocent persons in order to prove his ambition and loyalty to the temporal authorities of the country, thus demonstrating that he supports and follows the powers and their political course and "reforms" impeccably. We must not forget that in this specific case one of these victims is a 27-year-old young specialist and the second is a high-qualified and well-experienced physician, mother of four children, the youngest of which is 5 years old.
The fact that this was a show and not the arrest of real criminals, is well demonstrated by the broadcastings of a TV company "Rustavi 2", whose journalist Nanuka Zhorzholiani reported 12-14 hours before a preventive measure would be applied to the applicants that 70-year-old Tina Sv. would be released on bail that was excluded in the case of the other two accused (see the attached Annex A.. - the DVD).
The report of 2006 of the Public Defender of Georgia also proves that this was a shady PR campaign with false information aimed at establishing a negative approach of society to the applicants (see the attached Annex A.. A).
The most troubling fact is that all the foregoing was supported by the prosecutors' office. This is a one chain of injustice and nobody in Georgia including a court, has a right to break this chain. As it can be observed from this specific case, a will and well-being of the State officials matters much more that the kind purposes of justice. The same is emphasized by the Public Defender, when he writes: "analysis of this case unequivocally demonstrates that the investigative agency, namely, the procuracy, conducted investigation in a partial and biased way. Despite the fact that experts involved in consideration of the case, as well as the evidence presented by witnesses ruled out any culpability of the defendants, they were nevertheless made criminally liable and later, without any valid ground, found guilty by judge Gela Ki. and sentenced to three years of imprisonment". (see the attached Annex A--).
Among the three accused on this case, two of them are still imprisoned, but the third one, a manager of gynecology department of the "Mtskheta regional multi-profile hospital" Ltd - Tina Sv., a key-player, a person, who was directly responsible for the patient's state, is free. Instead, two absolutely innocent people are imprisoned. Probably, this is a result of willful actions of the State officials emphasized above.
The applicants do not aim at charging anyone with responsibility. They just demonstrate the double standard emphasizing that the personal connections to the minister of healthcare and to the representatives of the Mtskheta prosecutors' office is a circumstance excluding criminal responsibility regardless whether or not one has committed a crime.
And one more thing: neither the bill of indictment nor the judgments of the first instance court and the appellate court demonstrate clearly what the applicants are accused of: leaving a patient in danger or making a diagnostic error. As it is demonstrated below, all the foregoing documents emphasize that the applicants have made a diagnostic error and performed inadequate treatment and, consequently, left the patient in danger.
Where is logic here ?
But in this case the most important is not the fact that the prosecutors' office and the courts cannot or do not make any distinction between an intentional action and a medical error that, by the way, is not a crime according to Georgian law. In this regard, the applicants draw the Court's kind attention to one fact. Namely, in a weekly Georgian magazine "Tbiliselebi" (#18, 2006) one can find an interview of ex-minister of healthcare - Lado Chipashvili, where he confesses the following:
"It used to happen that I made a serious professional mistake. Do not believe it, if any surgeon tells you that he/she has never made an error. He/she either lies or has never made any operation. I remember by heart the faces of all those patients, who died because of my error. Those faces still disturb me". (see the attached Annex A..).
Then, the applicants put a question: why did Lado Chipashvili become a minister for these errors, but the applicants were imprisoned for the same medical error, even if one assume that such error took place at all in this case? It is more than clear that even if it was a medical error, the first applicant should not be accused of a crime, nothing said about the second applicant.
The applicants apologize to the Court for this lyrical digression, but, in the applicants' opinion, the Court must have a full image of what has happened and who or what was the reason of the both applicants' accusation and their declaration guilty.
The applicants consider themselves duty-bound to contest every single intentional false interpretation of uncontradicted evidence of the case by the prosecutor's office and the courts of Georgia and to present their argumentation to the ECHR accompanied by the real evidence of the case in order that they are declared not guilty and illegal prisoners, at least at this stage, and to achieve the just rehabilitation.
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