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Strasbourg court ruins the Georgian treasury again2009-10-28 16:10
For the second time this week, Strasbourg court arrives at a decision against the Georgian state. Several days ago Georgia was forced to indemnify for the moral damage caused to David Gorgiladze who had been accused of murder. Today, the human rights court fined Tbilisi for the 2001 anti-presidential plot case. The lawsuits filed by those who suffered in South Ossetia are awaiting their turn.
Those who took part in a plot against President Eduard Shevardnadze in 2001 were tried by non-professional associated judges. Such conclusion was driven at by their colleagues in European Human Rights Court in Strasbourg who imposed a six-thousand-euros fine upon Georgia.
According to the court press service, in spring 1999, the Georgian Security Service reported discovering an anti-state plot and arrested 12 people, including former Georgian Land Forces Commander General Gudzhar Kurashvili and soldiers of the Alpha special detachment Archil Pandzhikidze and Kakhaber Kantaria.
According to investigation, these people were going to liquidate Eduard Shevardnadze, the speaker and the ministers of security services.
In November 2001, Supreme Court adjudged Kurashvili, Pandzhikidze and Kantaria guilty of treason against the state in the form of a plot against the constitutional system and sentenced each one to a three-year imprisonment. In January 2002, the verdict was affirmed by Chamber of Criminal Cases.
However, the people accused of a plot did not agree with the sentence and the same year filed a complaint at Strasbourg Court. They said that the sentence was passed by incompetent judges, for the two associate judges were just non-professional lawyers and msadzhauli were the people's representatives.
The European Court came to a conclusion that until cancellation of the institute of non-professional associate judges in 2005 the Georgian justice had held poor control of their powers exercising.
"The legislative acts of 1997-2005 prolonged the term of powers of non-professional associate judges; still, there was not a single provision regulating the terms of selection of candidates, their appointment, their rights and responsibilities, etc.", - the court communiqué says.
Thus, the Europeans would not recognize the decisions taken by msadzhauli as based upon the law. Strasbourg accused Georgia of violating Clause 1 of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms: "right of fair legal proceedings".