Criminal Prosecution against Giorgi Kldiashvili has been terminated

News | Rule of Law | Publications | Article 16 January 2015

Criminal Prosecution against Giorgi Kldiashvili has been terminated.

Yesterday, on January 15th, the court has decided to terminate criminal prosecution against Giorgi Kldiashvili.


The hearing on the case of Giorgi Kldiashvili was held at Tbilisi City Court. Giorgi Kldiashvili was represented by lawyers of Georgian Young Lawyers’ Association (GYLA), Levan Vepkhvadze and Maia Khutsishvili.


Giorgi Kldiashvili was accused of illicit carrying of firearms, a crime envisaged by article 236 (2) of the Criminal Code of Georgia. The defense requested to change qualification of actions of Giorgi Kldiashvili from criminal to administrative offence.


The Judge Merab Jorbenadze has partially accepted the defense motion and did not include report of car check, ballistic evidence as well as interrogation report in the materials of the case. The Judge has taken into account position of the defense that the abovementioned evidence has been obtained in violation of legislation. According to the Judge, the fact that Giorgi carried a firearm did not per se prove criminal character of his actions. 

 

Most of the main evidence of the case obtained by the prosecution was dismissed by the Judge. Hence criminal prosecution against Giorgi Kldiashvili was terminated, dwelling from the fact that transportation of registered firearm which is dismantled (without bullets or magazine), constitutes administrative offence rather than criminal act. The 1500 GEL bail will be returned to Giorgi Kldiashvili. The prosecution has 5 days to file an appeal against the decision of the court terminating criminal prosecution against Giorgi Kldiashvili.

 

According to the chairman of the Institute, Levan Avalishvili, necessary investigative measures should be undertaken in order to ascertain how the evidence was obtained by the prosecution. The former director of the Institute, Giorgi Kldiashvili plans to address relevant institutions and request compensation for moral damages in the nearest future.

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