NEWS
On March 4, a pre-trial hearing on the criminal case of Mzia Amaghlobeli was held at the Batumi City Court. At the mentioned session (Judge - Viktor Metreveli), the court considered the admissibility of the evidence presented by the parties, the revision of detention imposed as a measure of restraint, and the transfer of the case to consideration on merit.
The court left Mzia Amaghlobeli in illegal custody again. During the trial, the prosecution stated that there was no longer a threat of influencing witnesses; however, based on the threat of committing a new crime and absconding, it once again entirely unfoundedly requested that Mzia Amaghlobeli be kept in custody. The prosecution again corroborated this argument with the fact of the illegal administrative detention of Mzia Amaghlobeli, the video evidence proving the illegality of which was presented by the defense in the same case, which was declared inadmissible by the court. The court indicated only that there is a risk of committing a new crime, given the nature and method of the crime committed, as the basis for maintaining detention. This unequivocally represents a gross violation of the criminal procedure legislation, given that the prosecution did not even indicate which specific evidence or factual circumstances indicated the threat of committing a new crime.
The defense petitioned the termination of the criminal prosecution since no evidence has been obtained in the case, which would be sufficient, with a high degree of probability, to allege that the judgment of conviction will be brought in the case. The defense presented at the trial judgments delivered by the Supreme Court in about 20 similar cases, according to which the court did not consider even such violent actions as hitting a police officer in the head with a bottle, hitting a police officer in the head with a stone, punching him with a fist in the face repeatedly, injuring his eye socket and lip, beating two police officers by four people, etc. as an assault on a police officer. This proves that Mzia did not commit the crime she was charged with, and, accordingly, there is no legally established standard for a conviction.
The court also discussed the admissibility of evidence and, in its decision, only partially satisfied the one motion of defense regarding removing witness Eter Turadze from the prosecution's list of evidence, while the court did not recognize the ruling as inadmissible evidence of the prosecution, which was illegal and against the practice of the Constitutional Court, which gave the investigative body the right to request private, personal material from Mzia Amaghlobeli's mobile phone without limitation. This violates her rights to property, personal communication, and professional activity safeguarded by law and the Constitution.
The court fully satisfied the prosecution's motion and removed 17 individuals, 18 pieces of video evidence, 13 visual examination reports, and 14 pieces of written evidence from the defense's list of witnesses to be questioned. By this action, the court left Mzia Amaghlobeli without exercising her right to defense and did not even procedurally secure her right to a fair trial. This judgment of the court has no precedent in the Georgian judiciary.
Notwithstanding the above, Mzia Amaghlobeli's defense will appeal the decision made at the pre-trial hearing to deprive Mzia Amaghlobeli of her right of defense within 5 days. We will use all legal mechanisms to protect the rights of Mzia Amaghlobeli at the national and international levels.
We believe that Mzia Amaghlobeli not only remains in illegal custody, but the Georgian judiciary has demonstrably deprived her of the right to defend herself and prove her innocence.
Mzia Amaghlobeli Rights Advocates:
Georgian Young Lawyers Association;
Law firm BLB and its senior partner, Maia Mtsariashvili;
Lawyers, Rajden Khimshiashvili and Kakha Tsereteli.
SHARE: