**European Court Finds Georgia Guilty of Fair Trial Violation**
On December 5, the European Court of Human Rights (ECHR) ruled that Georgia had violated former Defense Minister David Kezerashvili’s right to a fair trial. The court found that the Supreme Court proceedings were not objective and impartial due to one judge’s involvement.
**Judge’s Past Role Creates Bias**
The ECHR said that Judge Shalva Tadumadze, who was previously Georgia’s Prosecutor General, had created an impression of bias in the case. Even though he didn’t handle the case directly as Prosecutor General, his past role and the timing of events raised concerns about continued support for the prosecution.
**No Denial of Justice**
The court did not find that the Supreme Court’s findings were arbitrary or unreasonable. However, it did rule that the inclusion of Judge Tadumadze cast doubt on the objective impartiality of the Supreme Court.
**Other Complaints Dismissed**
Kezerashvili had also complained about other issues, including:
* The Supreme Court’s decision to overturn his acquittal through written proceedings
* Claims about insufficient reasoning in the judgment
* Allegations of political motivation behind his prosecution
The ECHR dismissed these complaints and ruled that finding a violation was sufficient just satisfaction.
**Case Background**
Kezerashvili was tried, acquitted, and convicted of embezzlement. He was Defense Minister from 2006-2008 and was accused of misusing military training funds. The Supreme Court overturned the lower courts’ acquittal and sentenced him to five years in prison.
**Reactions**
Kezerashvili welcomed the ruling, saying it confirmed his right to a fair trial was violated. He also claimed that the Georgian government has been conducting political persecution against him for years. The Ministry of Justice of Georgia responded by stating that Kezerashvili embezzled state funds and there was no political persecution.
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