|
|
Violations of Art. 6 par 1 - Page 13
Alleged violation of Article 6, par. 1
Speaking of violation of the applicants' right to fair trial it is extremely important to mention a decision of the Supreme Court of Georgia of 23 July 2007 by virtue of which, the appeals of the applicants' defense counsels from the judgment of the Tbilisi Appellate Court of 29 December 2006 were rejected for three motives. Namely, the Supreme Court considered that these appeals must not be admitted for examination because:
"This case is not important for legal development and establishing a common judicial practice"
"The judgment does not differ from the precedent of the Supreme Court of Georgia on such category of cases"
"The appellate court had not examined the case with such essential legal and procedural violations that could essentially affect an outcome of the hearing"
The applicants contend all the three motives for rejection of their appeals by the Supreme Court of Georgia, but the most scandalous is the second motive, which means that there already existed some other judgments on such category of cases, i.e., an accusation of a crime prescribed by Article 130, par. 2, of the criminal code of Georgia and that is why "this case was not important for establishing a common judicial practice and for legal development", as stated by the Supreme Court of Georgia. From this point of view, the first two motives of the Supreme Court to reject the applicants' appeals must be discussed in the same context.
Following the above decision of the Supreme Court of Georgia, on 14 September 2007 head of department for investigation and monitoring of the Public Defender's office Grigol Giorgadze addressed the Supreme Court with a letter asking to submit the judgments or decisions that had ever been made on Article 130 of the criminal code of Georgia - "leaving a patient in danger". (See the attached Annex A.. ---).
On 25 September 2007 the Public Defender's office received an answer from the Supreme Court of Georgia, according to which, "in 2006-2007 chamber for criminal cases of the Supreme Court of Georgia examined one case regarding Article 130 of the criminal code of Georgia". This letter was accompanied by one-page attachment which was, of course, a decision of the Supreme Court of Georgia of 23 July 2007 on declaring inadmissible an appeal of the applicants (Dr. Zviad Oboladze and Dr. Nino Lobzhanidze). (See the attached Annex A..- )
The applicants call the Court's attention to the above reply of the Supreme Court of Georgia, especially to the words "in 2006-2007". Such answer was inadequate to the letter of Grigol Giorgadze, who asked the Supreme Court "to submit the judgments or decisions that had ever been made on Article 130 of the criminal code of Georgia" and not for the period 2006-2007. Consequently, the applicants emphasize that the Supreme Court intentionally indicated the specific period of time as if such decisions had been made before. The Supreme Court's such attitude aimed at justifying the motive that they mentioned in their decision of 23 July 2007 on declaration of the applicants' appeals inadmissible.
Moreover, the Supreme Court's letter of 25 September 2007 contains another misunderstanding. Namely, it is written there that "the Supreme Court of Georgia examined one case regarding Article 130 of the criminal code of Georgia". It is evident that this is not true, because the Supreme Court's chamber for criminal cases has declared the applicants' appeals inadmissible and, consequently, has not examined this case.
__________
prior page next page
|
|
08.11.2007:
Ausnahmezustand in Georgien und vorgezogene Präsidentschaftswahlen [weiter]
17.09.2007:
Rechtsanwaltskammern gegen Gesetzentwurf zur Telekommu-
nikationsüberwachung [weiter]
07.07.2007:
Schäuble fordert "Internierung", Internet- und Handyverbot für "Gefährder" [weiter]
27.05.2007:
BVerfG: Nichteheliche Kinder dürfen beim Betreuungsunterhalt nicht benachteiligt werden [weiter]
22.05.2007:
Sammelklage gegen Vorratsdatenspeicherung [weiter]
22.05.2007:
Grundrechte-Report 2007 erschienen [weiter]
22.05.2007:
Internationale Liga für Menschenrechte fordert sofortige Beendigung des Grundrechte-Ausverkaufs [weiter]
Informationen älteren Datums finden Sie im Newsarchiv
|
