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Scandalous Cases
Scandalous Cases of Arbitrary Injustice and Dependent Justice
The rules of law in Georgia are very modern and progressive, but the whole facts in many cases show that there is a very strange understanding for law and particularly for human rights as well as an unusual and arbitrary legal application and voluntary interpretation. There is often a juggle of the law and rule of law.
That is - there are no other words for a correct depiction of that then - a "perversion of justice" and no only errors of justice. Anyone can see that there is some thing wrong, even a less educated person. And the erudite prosecutors and Honourable Judges can't find out it? Why they not taking into account all the circumstances of a case ?
To all appearance is the jurisdiction in Georgia often determined by campaigns. At least is unambiguous that it is affected of media campaigns. Media publish e.g. agitation against physicians and the judiciary follows them with populism just as it likes. It'll go to any lengths and is in a powerful position to leave no stone unturned. This reminds somehow of the Chinese Cultural Revolution. The public prosecutors have everything under control.
The public prosecutor is the master of criminal proceedings and has power over "life and death" and judges follow him blind. Judges shy away from obey even absurdest constructions. They aren't afraid of anything. There it is acted by violation of fundamental legal principle, ignorance of obviously contradictions of facts and inconsistent proofs, never mind, to say nothing of human rights. Facts and established legal principles were twisted. There is no equality of arms in courts.
So became judiciary a travesty of justice.
Who are the powers of "darkness" behind it ?
Human Rights Watch manifests in its World Report 2007 that the executive wielded strong influence over the judiciary. Each country is obliged to improve its legal system in order that the courts have the possibility to act in accordance with the paragraph 1 of the article 6 (including the principle of reasonable time).
But a common "game" to protract criminal proceedings is the ever and ever again repeated default of prosecutor and the failure of the court to fulfill its obligation to lead the trial in proper manner.
That are really scandalous cases, one of them is a part of shameful process launched against physicians, who are innocent and are detained since December 2005 as they have been sentenced to 3-year imprisonment. It constitutes a flagrant denial of justice. The right to liberty and security is of primary importance in a "democratic society" within the meaning of the European Convention of Human Rights (ECHR: De Wilde, Ooms and Versyp v. Belgium, judgement of 18 June 1971, Series A no. 12, p. 36, § 65).
The ECHR can stop this, but it has been too slow to act. If the ECHR needs more then few years to start with a case then let injustice have its way and innocent people have to suffer from it. Remedies in the case of physicians aren't yet exhausted. The case was sent to the Supreme Court and it remains to wait for its decision. Any expectation wholly ignores the reality that such a petition for appeal would have been fruitless.
Nobody and nothing even no compensation is able to amend such injustice!
That destroys not only life of some innocent detained people but also life of their whole families.
See also:
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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]
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