Events

Thursday, 03 November, 2022

Rati Bregadze Pays Official Visit to the Republic of Austria

The meeting was attended by Deputy Ministers of Justice, Buba Lomuashvili and Tornike Cheishvili, Head of the Special Penitentiary Service, Nika Tshvarashvili and Ambassador of Georgia to the Republic of Austria, Ketevan Tsikhelashvili.

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Within the framework of the current official visit to Austria, Minister of Justice, Rati Bregadze held the first meeting with the General Director of the Penitentiary Service of the Republic of Austria, Friedrich Alexander König.

The parties shared their experience and existing knowledge in the area of penitentiary services.

At the meeting, the Minister spoke about the achievements in the penitentiary and probation systems of Georgia. He informed the Austrian side about the innovative educational project - Digital University, which increases access to education for convicts.

The Ministry of Justice of Georgia plans to further deepen cooperation with the Republic of Austria in the direction of managing the penitentiary and probation system, which will allow the country to develop rehabilitation and re-socialization programs, activities outside the cell; Employment, educational and sports programs for prisoners.

At the meeting, Rati Bregadze noted that the alignment to the best European standards is a strategic priority of the Ministry of Justice of Georgia and it is reflected in the 10-year development plan of the Justice Ministry.

The Minister of Justice expressed his satisfaction that cooperation in the field of management of penitentiary and probation systems will be deepened and a corresponding memorandum will be signed with the Ministry of Justice of Austria. He also noted that the deepening of sectoral cooperation with European colleagues is particularly important on the path of Georgia's European integration, especially after adopting the European perspective.

At the meeting, they also talked about the construction of small penitentiary institutions. In Georgia, the first small-scale facility for up to 700 convicts will be opened in Laituri. The Minister of Justice invited Friedrich Alexander König to the opening ceremony of Laituri prison in Georgia.

Friedrich Alexander König noted that it was an honor for him to meet with the Minister of Justice of Georgia. "It was a great honor for me to meet the Minister and his delegation to talk about the penitentiary systems of Georgia and Austria and the issues that concern us all. I believe that we can learn a lot from each other, and both sides are very satisfied with this meeting," said König.

The meeting was attended by Deputy Ministers of Justice, Buba Lomuashvili and Tornike Cheishvili, Head of the Special Penitentiary Service, Nika Tshvarashvili and Ambassador of Georgia to the Republic of Austria, Ketevan Tsikhelashvili.

Strasbourg Court Upholds Giorgi Mamaladze

The Strasbourg Court did not find a violation of the applicant's right to a fair trial, the circumstances of obtaining evidence ("sodium cyanide") and their reliability. Accordingly, the ECHR did not call into question the findings of the investigative body and the courts at the national level regarding the criminal case against the applicant. It is significant that the Strasbourg Court agreed with the government's position that the evidence obtained by the investigation proved that the "implantation" of a poisonous substance, as claimed by the applicant, was excluded. In addition, the European Court noted that Giorgi Mamaladze's verdict is based on a number of other evidences in the case, such as witness statements, audio and video material, computer data and others.

As for the applicant's other requests, the Court found that the complete closure of the hearings of the case against the applicant was not strictly necessary. In particular, according to the assessment of the European Court, the domestic courts did not adequately justify why part of the hearing could not be held in public. The ECHR considered it a violation of the presumption of innocence to jointly make separate public statements against the applicant and publication of part of the case materials by the Prosecutor's Office, while the obligation of non-disclosure of information was applied to the defense.

It should be noted that the mentioned violations are of a procedural nature and do not affect the validity of the verdict, which was once again confirmed by the decision of the European Court itself today, according to which the criminal proceedings were fair as a whole, the search of the applicant was legal, and there was no case of "implantation" of cyanide.

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The European Court of Human Rights upheld the verdict against Giorgi Mamaladze to be legal and dismissed the claim for moral compensation.

In the ECHR, Giorgi Mamaladze argued that the right to a fair trial was violated due to the circumstances of obtaining the evidence ("sodium cyanide"). He also appealed against the complete closure of the ongoing trial against him and claimed that the presumption of his innocence was violated based on the statements of the General Prosecutor's Office and officials.

The Strasbourg Court did not find a violation of the applicant's right to a fair trial, the circumstances of obtaining evidence ("sodium cyanide") and their reliability. Accordingly, the ECHR did not call into question the findings of the investigative body and the courts at the national level regarding the criminal case against the applicant. It is significant that the Strasbourg Court agreed with the government's position that the evidence obtained by the investigation proved that the "implantation" of a poisonous substance, as claimed by the applicant, was excluded. In addition, the European Court noted that Giorgi Mamaladze's verdict is based on a number of other evidences in the case, such as witness statements, audio and video material, computer data and others.

As for the applicant's other requests, the Court found that the complete closure of the hearings of the case against the applicant was not strictly necessary. In particular, according to the assessment of the European Court, the domestic courts did not adequately justify why part of the hearing could not be held in public. The ECHR considered it a violation of the presumption of innocence to jointly make separate public statements against the applicant and publication of part of the case materials by the Prosecutor's Office, while the obligation of non-disclosure of information was applied to the defense.

It should be noted that the mentioned violations are of a procedural nature and do not affect the validity of the verdict, which was once again confirmed by the decision of the European Court itself today, according to which the criminal proceedings were fair as a whole, the search of the applicant was legal, and there was no case of "implantation" of cyanide.

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