Public Defender: ‘Political Motivation Clear in Gvaramia’s Case’

The Public Defender’s Office stated on December 7 that “political motivation is clear” in the criminal case of Mtavari Arkhi TV chief Nika Gvaramia and that Article 18 of the European Convention on Human Rights (restrictions on the rights for political or other purposes not permitted under the Convention) was violated. 

The Public Defender asserted that the judgment of the Court of Appeals against Nika Gvaramia is not substantiated in regards to replacing the GEL 50,000 (USD 18,625) fine by imprisonment and other “crucial issues.”  

The Public Defender also noted that the political motivations in the case outweigh the interest of justice which is confirmed by the statements made by politicians, the media environment in the country, the evaluations of local and international partners, and the fact that justice was administered with essential flaws, as well as the fact that imprisonment was applied only to Gvaramia.  

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• 02/11/2022 – U.S. Embassy: Gvaramia’s Continued Imprisonment ‘Puts at Risk’ Georgia’s European Future
• 03/11/2022 – MEPs React to Appeal Court’s Decision to Uphold Gvaramia’s Sentence

“This is especially obvious given that the judgments in the criminal case of Nika Gvaramia do not correspond to the fundamental principles of criminal law and lack justification,” the Public Defender said, emphasizing that “the assessment is based on the approaches of the European Convention on Human Rights and international organizations.”  

The Public Defender’s Office noted that back in 2019, the Public Defender filed an amicus curiae brief with Tbilisi City Court in connection with the so-called advertisement episode, where she noted that a business decision made by Nika Gvaramia could not lead to criminal or even corporate liability. The Public Defender also noted then that no elements of a criminal offense could be found in the so-called car episode.  

“The key factual circumstances remained without a properly substantiated assessment. In addition, we assessed the sentence used by the court of the first instance as unjustified,” the Public Defender noted.  

Thus, referring to Article 21 of the Organic Law of Georgia on the Public Defender of Georgia, the Public Defender’s Office once again appealed to the President of Georgia “to use the pardon mechanism at her disposal in relation to Nika Gvaramia.”  

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