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Thursday, 07 September , 2023
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Strasbourg Court Considers Nicanor Melia's Arrest and Detention as a Preventive Measure to Be Legal

With today's decision, the European Court of Human Rights (ECHR) confirmed that Nicanor Melia's arrest and preventive detention were legal and in full compliance with the standards of the European Convention. At the same time, the court unequivocally established that there were no political motives in Nikanor Melia's arrest and did not share the arguments of the applicant.

As is known to the public, during the June 2019 rally, a part of the citizens gathered at the rally under the leadership and direct participation of Nicanor Melia tried to break into the Parliament. In view of the above, he was charged with organising, directing and participating in group violence and was granted bail in the amount of 30,000 GEL as a preventive measure. The court ordered his electronic surveillance.

At the rally on November 1, 2020, Nicanor Melia removed his electronic monitoring bracelet as a sign of protest, thereby violating the conditions of his bail. Accordingly, the Tbilisi City Court increased the bail amount by 40,000 GEL. Since Nikanor Melia refused to pay the bail, according to the court's decision, he was replaced with a preventive measure - bail by imprisonment. After posting bail, he was released on May 10, 2021.

The European Court fully shared the argumentation of the Ministry of Justice (along with the evidence presented) and considered that no article of the European Convention was violated against the applicant.

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Strasbourg Court Confirms Davit Kezerashvili’s Guilt in Embezzling Georgian Army Funds, Rejects Claims of Political Persecution

The European Court of Human Rights (ECHR) has issued its decision in the case of Davit Kezerashvili v. Georgia. At a briefing, Justice Minister Anri Okhanashvili discussed the ruling, which upheld the verdict against Kezerashvili.

“The Court concluded that, while serving as Defense Minister shortly before the August 2008 war, Davit Kezerashvili embezzled €5,060,000 (approximately 15 million GEL at today's exchange rate) intended for the Georgian army. It also determined there was no political persecution involved in his prosecution. The Supreme Court of Georgia's verdict finding Kezerashvili guilty was deemed well-founded, and no violation of the presumption of innocence was found,” Okhanashvili stated.

Okhanashvili outlined the fraudulent activities carried out by Kezerashvili:

"During his tenure as Defense Minister, Kezerashvili unlawfully signed a fictitious agreement with an offshore company in a single day to provide combat training for the Georgian army. This agreement bypassed the General Staff of the Defense Forces. In reality, no training occurred, and the €5,060,000 allocated for the Georgian army was deliberately misappropriated."

Anri Okhanashvili emphasized that the Court also dismissed Kezerashvili’s demand for €15,000 in moral damages. Kezerashvili, who enriched himself by defrauding the Georgian army, sought additional compensation for moral damage. The Strasbourg Court firmly rejected this claim. It confirmed the seriousness of Kezerashvili’s crime and upheld the Supreme Court of Georgia's ruling as lawful.

The Justice Minister congratulated the Georgian state and armed forces on their success in the European Court and acknowledged those who defended Georgia’s interests:


“I congratulate the Georgian state, army, and people on this significant victory. I extend my gratitude to the Ministry of Justice staff and the Prosecutor’s Office for their dedicated work. We now look forward to seeing how our European partners, particularly those who previously characterized Kezerashvili as a media advocate, respond to this decision affirming his guilt,” Okhanashvili remarked.