The Tbilisi Court of Appeals judicial panel gave its decision this week in the criminal case against Nika Gvaramia and Kakhaber Damenia.
The City Court of May 16th sentenced the General Director of Mtavari arkhi channel, Gvaramia to a three-year and six-month prison term.
The Prosecutor’s Office charged Gvaramia of “abuse against the legal interests and Rustavi 2 broadcasting company, and use of an amount of money that belonged to him in his capacity as a public servant” while he served as the director of Rustavi.
The Tbilisi Court of Appeals sentenced the Mtavari-Arkhi channel’s General Director to prison and added an additional charge on November 2.
Gvaramia received a fine of 50,000 GEL for the incident of increased penalties, which is related to the aspect of damaging a company. In the second instance the Prosecutor’s Office adopted the same stance and Nika Gvaramia received a sentence of 3 years, 6 months in prison. The prison sentence remains the same as the terms are running concurrently.
The Tbilisi Court of Appeals found Damenia guilty, while Iashvili was cleared of all charges.
Iashvili was acquitted, and both the bail amount and the seizure of property were lifted. He has the right to ask for repairs.
Damenia has been found guilty of violating Article 220, and fined 50,000 GEL.
After requesting information from the court, “Georgian Democracy Initiative,” a non-profit organization that works to improve the nation‘s democracy, learned that, between 2017 and 2021 no one was sentenced to prison under this article.
The US Embassy pulled Judge Lasha Chkhikvadze from her scheduled program in the US after she announced the Gvaramia Case verdict. This incident has further fueled public concerns about Georgian judicial independence.
Gvaramia’s initial detention drew criticism both from domestic and international sources. Georgia’s civil and opposition society has viewed his arrest as a direct attack on the free media, democratic ideals and the country’s ambitions for a Euro-Atlantic Future. Charles Michel, President of the European Council, has also expressed concern over Gvaramia’s conviction and sentencing. Several MEPs have also criticised the detention of Gvaramia.
Reactions to the recent ruling
“The decision was an act of power.” “This is a demonstration that Ivanishvili‘s regime has taken the course it has,” Giga Bkeria, leader of European Georgia said after the verdict was announced.
“If there are still decent, honest people who have any illusions about the possibility of putting our country on the correct path, returning to the free world and solving the fundamental issues of democratic, then this is the end for those illusions. We all want this political prisoner to be freed, but we also understand that even if the regime decides Gvaramia will be released in exchange for a trade, it won’t change the essence of the problem.
The Public Defender expressed extreme concerns regarding the judgment of the Tbilisi Court of Appeal delivered against Gvaramia.
“We remind the public of the fact that in 2019, the Public Defender filed a micus-curiae brief with the Tbilisi City Court regarding the so called advertisement episode. According to the Public Defender, it was not admissible to convict Nika gvaramia because she made a managerial decision. This so-called “advertising episode” could have theoretically been the subject of civil law disputes but shouldn’t have led to criminal prosecution.
“Unfortunately, Nika Gvaramia was found guilty by the court of first instance and the court did not consider the fundamental principles of separation between civil and criminal liability. The Court of Appeal, rather than correctly evaluating the legal issues mentioned, made an even harsher decision and used prison as a punishment for Nika Gvaramia’s action, which in its content is covered by civil laws and there is no proof in the criminal case to prove that the action is criminal,” reads a statement.
The Public Defender stated that the Court of Appeal affirmed the decision of the Court of First Instance regarding the conviction of Nika in the so-called “car episode”. The Public Defender notes that the decision of the court of first instance in this episode was also problematic. On the one hand, it was similar to the so called advertisement episode in terms of corporate law and on the other, it was completely unfounded when compared to the actual circumstances.
“The Public Defender’s Office had already requested access to the judgment from the Tbilisi Court of Appeal. The Public Defender will also provide a detailed evaluation of the case once he receives the reasoned judgement.
The statement reads: “The Public Defender reminds public that, on June 8, 2022 she appealed directly to the President Georgia and, considering the substantial deficiencies of justice, asked her to use her power of pardoning in response to Nika Gvaramia’s rights being violated.”
The ruling party also responded to the Wednesday’s decision. Chairman of Georgian Dream Irakli Kobakhidze noted that if President Gvaramia pardons Gvaramia it would be “an insult against the institution of President”.
“Nika Gvaramia insulted Salome Zurabishvili, using inappropriate terms to refer to her. This was not only an insult to Zurabishvili, but also to the institution of the President. “If the President pardons Gvaramia in such circumstances, that will be an insult not only to Zurabishvili personally but also to the President’s Institution,” he said.
The United States Embassy in Tbilisi stated in a post on Facebook that the continued imprisonment of Nika Gavaramia, at a time where Georgia’s commitment towards impartial judiciary and pluralism of media is being “closely examined,” “puts at stake the clear choice made by the people of Georgia and Georgian leaders for a more democratic and secure future in Europe.”
The United States Embassy has reiterated their “deep concern” over the Court’s ruling in the case of Gvaramia Iashvili and Damenia.
The Embassy noted that “numerous international and Georgian human right defenders raised significant questions regarding this case from the beginning, including the timing and charges as well as the convictions and sentences.”
It states that “Even the perception that selective investigations, prosecutions and convictions reduces the public’s trust in law enforcement, prosecution, courts and the government itself.”
The post stated that the United States would continue to support media reforms and judicial reforms, which are “necessary” to build a stable, prosperous democracy in Georgia.
The spokesperson of External Action Service of European Commission released a statement in response to the Tbilisi Court of Appeal’s verdict, stating that the European Union closely monitors this case.
“The European Union does no comment on the merits individual court cases but we note that questions have been raised in relation to this particular case, including by Public Defender.
“In this regard, we remind that’stronger effort to guarantee a freedom, professional, pluralistic, and independent media environment’, notably by ensuring criminal proceedings brought against media owners meet the highest legal standards, represents one of the European Commission’s priorities.
“The EU will continue its support for the Georgian authorities to reform the judiciary, with a particular focus on the quality, independence, and transparency of judicial processes, which are essential in upholding the rule-of-law.
The statement reads: “The European Union is committed to supporting Georgia to address all 12 priorities to meet the European aspirations its citizens.”
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