President Weighs in Debate Over Enforcement of Constitutional Court Ruling on Pretrial Detention Limit

President Giorgi Margvelashvili said on September 17 that the Constitutional Court’s decision on a 9-month pre-trial detention limit should be enforced “immediately by the common courts."

Ex-mayor of Tbilisi Gigi Ugulava, who has been in pre-trial detention for more than 14 months, has won a landmark case in the Constitutional Court, which ruled on September 16 that the clause of criminal procedure code allowing the keeping of an accused person in detention beyond 9-month limitation is unconstitutional.

The decision was followed by a debate about how the verdict should be enforced in respect to the accused persons effected by this clause, among them Ugulava.

Ugulava’s lawyers and his political allies from the opposition UNM party claim that the ex-mayor should have been released from the pre-trial detention immediately after the Constitutional Court issued its verdict and accused the authorities of dragging out the process.

Late on September 16, UNM party members and supporters gathered outside the Tbilisi prison where Ugulava is being held and demanded his release.

The prison system ministry stated in a response that the penitentiary is only authorized to release an inmate upon the direct order of a court and the order should be delivered in respect to each and every accused person to whom the Constitutional Court’s ruling applies. 

Ugulava’s lawyers have appealed the Tbilisi City Court with the request to revoke pre-trail detention for their client based on the Constitutional Court’s decision. They said that they appealed the court in order not to leave any pretext to the authorities for keeping Ugulava in the detention.

The Tbilisi City Court is expected to launch a deliberation of the appeal at 5pm local time on Thursday.

Those legal experts, who share the view that the only legal mechanism to enforce the Constitutional Court’s decision is through the common courts, say that deliberation over the appeal to release Ugulava from the detention is largely a formality as judges will have no other option but to take decision in line with the Constitutional Court and to order Ugulava’s release.

President Giorgi Margvelashvili appeared to share the same opinion that the Constitutional Court’s decision should be enforced through common courts.

In a brief televised statement on September 17, Margvelashvili said, “the main purpose of the state is to protect fundamental human rights. The purpose of justice is also about securing these fundamental rights. The Constitutional Court and common courts should guard these rights.”

“The decision of the Constitutional Court is final and it has to be enforced. Therefore yesterday’s decision should be immediately enforced by the common court.”

He also said that his office will follow the enforcement of this decision in each and every case to which this verdict is applicable.