COURT OF APPEALS CONFIRMS OKRUASHVILI DETENTION

UNCLAS SECTION 01 OF 02 TBILISI 002463

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TAGS: PREL PGOV PHUM GG
SUBJECT: COURT OF APPEALS CONFIRMS OKRUASHVILI DETENTION

REF: A. TBILISI 2437


B. TBILISI 2452

C. TBILISI 2415


1. (U) Summary: The Tbilisi Court of Appeals rejected an
appeal of former Defense Minister Irakli Okruashvili's two
month pre-trial detention on October 1. Okruashvili's lawyer
called it an "illegal decision" and said she would file a
case in the European Court of Human rights in Strasbourg.
Former State Minister for Conflicts Resolution Giorgi
Khaindrava announced that the eight parties involved in the
September 28 protests met on October 1 and will make a joint
statement, expected to include a demand for early elections.
The opposition New Rightists party, which did not join the
protests last week, called on Parliament to establish a
special commission to probe Okruashvili's allegations against
Saakashvili. Ruling party MP Giga Bokeria dismissed the
possibility of such a commission. Bokeria and Deputy Speaker
of Parliament Mikheil Machavariani both refuted Russia's
criticisms of Georgia's developing democracy. Bokeria also
criticized Georgian businessman, and sometimes critic of the
government, Badri Patarkatsishvili for holding an interview
with the Russian daily, Kommersant. End Summary.

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Okruashvili Stays in Prison, Lawyer Decries Ruling
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2. (U) On October 1, Irakli Okruashvili appealed his two
month pre-trial detention ordered by the Tbilisi City Court
on September 28 to the Tbilisi Court of Appeals. The Court
of Appeals affirmed his detention. His lawyer, Eka Beselia,
called the ruling an "illegal decision" and said she would
bring a case in the European Court of Human Rights in
Strasbourg. Beselia cited several irregularities in the
lower court's action. First, the state-appointed public
defender is still acting as Okruashvili's defense lawyer,
despite the fact that he can afford a private attorney and
does not want the public defender to represent him. Second,
Beselia complains she was not allowed into Okruashvili's
questioning. Third, the defense had no opportunity to read
the protocol prior to the hearing; the judge just read them
at the hearing.

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Opposition Announces Presentation, Calls for Investigation
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3. (U) Former State Minister Giorgi Khaindrava, one of the
most outspoken leaders of the September 28 protests,
announced that the eight opposition parties met on October 1
and will soon make a joint public statement on the situation
in Georgia. Without specifying, he said "We have agreed on
all the issues. Tomorrow we will hold a presentation of our
campaign and inform society about our plans." The parties
are expected to once again challenge Okruashvili's detention
and demand early parliamentary elections.


4. (U) The opposition New Rightists party, which did not join
the protests last week, called on Parliament to establish a
special commission to probe Okruashvili's allegations against
Saakashvili. Party lawmaker Mamuka Katsitidze said such a
commission "will either result in the President's impeachment
or in the refutation of the accusations leveled against him."
National Movement leader and MP, Giga Bokeria, rebuffed the
New Rightists' suggestion, saying the General Prosecutor will
investigate the facts and take appropriate action.

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Both Ruling Party and Opposition MPs Reject
Russian Comments on Georgian Democracy
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5. (U) Deputy Speaker of Parliament Mikheil Machavariani and
Bokeria both refuted Russian officials' recent, multiple
criticisms of Georgian democracy. In response to a statement
by the Russian Duma, which condemned the anti-democratic
policy of Georgian authorities and supports the Georgian
opposition, Machavariani said "it is cynicism when the
country which has toppled democracy adopts statements of this
kind." MP Katsitidze of the New Rightists added, "We really
have problems with democracy, with human rights. But Russia
is not a state which has a moral right to point to us about
it."

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Patarkatsishvili Speaks Up, a Little
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6. (SBU) Georgian businessman and opposition figure, Badri

TBILISI 00002463 002 OF 002


Patarkatsishvili, gave an interview to the Russian newspaper
Kommersant on September 27, two hours after Okruashvili's
arrest. Patarkatsishvili said he and Okruashvili meet every
two or three months and share the same views, particularly on
the unification of the country. Patarkatsishvili encouraged
the creation of an independent commission to investigate PM
Zhvania's death, and he offered his support to the
opposition. In response, Gigi Bokeria, remarked in a
televised interview that Patarkatsishvili's comments
supporting Okruashvili demonstrate his preference for a weak
government that can be more easily influenced. Bokeria said
the Russian government frequently demands Patarkatsishvili's
extradition, but said Georgia would never extradite him to a
country like Russia. He stressed that the President has
never taken such a step to get rid of Patarkatsishvili.
Georgian television station Rustavi-2 aired a report on
October 1 suggesting the re-emergence of Okruashvili could be
linked to Patarkatsishvili's intent to increase his political
activity. Patarkatsishvili's deep pockets would be welcome
to Okruashvili and most other opposition politicians. This
is a development the Government has feared for some time, and
has reportedly tried in different ways to head off.

TEFFT