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Monday, 29 April, 2024
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Convicted Mikheil Saakashvili Withdraws His Appeal from the European Court of Human Rights

On April 25, the Ministry of Justice received notification from the European Court of Human Rights regarding the withdrawal of an appeal by Mikheil Saakashvili. Accompanying the notification was a letter from Saakashvili's legal representative, dated April 18, citing his client's decision to withdraw the appeal. Notably, the letter mentions that Saakashvili's current health condition is not deemed life-threatening.

The European Court has requested the Ministry of Justice to provide comments by May 10, if any.

Today, we have submitted a corresponding response, in which we emphasize that Saakashvili's health condition is not considered life-threatening. This was confirmed by the Strasbourg court itself on May 11, 2023, when Saakashvili's request for transfer to Poland, specifically to a clinic in Warsaw for treatment, was denied. Additionally, we have requested the European Court of Human Rights to inform us of the case's removal from the list of pending cases.

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Strasbourg Court Declares Complaints on Independence and Impartiality of Supreme Court Judges of Georgia Inadmissible

The European Court of Human Rights (ECHR) upheld the legal position presented by Georgia’s Ministry of Justice and, based on the submitted evidence, declared the complaints in Pirtskhalava and Y v. Georgia and Goginashvili v. Georgia inadmissible.

In these applications, the complainants alleged that one of the judges of the Supreme Court who examined their cases was biased. Additionally, the applicants in Pirtskhalava and Y claimed that Judge Sh.T. had not been appointed in accordance with the law.

The ECHR accepted the arguments of the Ministry of Justice and declared all three complaints regarding judicial impartiality inadmissible. In its decision, the Strasbourg Court reviewed the reforms undertaken by the Georgian authorities since 2012 to improve the justice system. In particular, it highlighted reforms such as: lifetime judicial appointments, improvements in the procedures for the appointment and promotion of judges, strengthening the role and functional independence of the High Council of Justice, and constitutional amendments that further refined the selection and appointment procedures for Supreme Court judges.

It is worth noting that the ongoing legal proceedings against Irakli Pirtskhalava concern the criminal case related to the murder of Buta Robakidze. Pirtskhalava additionally alleged that his criminal trial had been unfair, arguing that he had not been given the opportunity to question his former co-defendants and other witnesses or effectively challenge the evidence. The Strasbourg Court found no indication of a violation of his right to a fair trial and therefore declared his additional complaints inadmissible as manifestly ill-founded.