STATUS OF TOPURIA, OKRUASHVILI, AND BATIASHVILI

UNCLAS SECTION 01 OF 02 TBILISI 000757 SENSITIVE SIPDIS DEPT FOR EUR/CARC E.O. 12958: N/A TAGS: PHUM KDEM GG SUBJECT: STATUS OF TOPURIA, OKRUASHVILI, AND BATIASHVILI TRIALS REF: A. 2007 TBILISI 2484 ¶B. TBILISI 385 ¶C. TBILISI 141 ¶1. (SBU) Summary: On April 29 the Tbilisi Appellate court announced that it upholds the guilty verdicts for the thirteen defendants tried in the Giorgadze treason cases. The announcement generated little public or media attention. On April 23, Georgian media announced that France granted asylum to Irakli Okruashvili although France has made no decision yet regarding his extradition. Okruashvili was tried in Tbilisi in absentia and on March 28 the Tbilisi City court found him guilty of large scale extortion and sentenced him to 11 years imprisonment. Article 42, an NGO whose lawyers represent accused in the European Human Rights Court (ECHR),announced on April 21 that Irakli Batiashvili's case would go forward to the ECHR and he will be represented by an international team to include lawyers from the U.K. Batiashvili was pardoned on January 11, 2008. Currently, he is running in Tbilisi's Nadzaladevi District on the Republican ticket during the May 21 Parliamentary elections. End Summary. Giorgadze Defendants' Sentences Stand -------------- ¶2. (SBU) On April 29 the Tbilisi Appellate court announced that it would uphold the finding of guilty passed by the first instance court with regard to the defendants in the Giorgadze case. Maia Topuria, the niece of Giorgadze, was one of the thirteen defendants involved in the appeal process. The appeal hearing started nearly six weeks ago and was sparsely attended by family and friends and OSCE Human Rights representatives. Notably absent was press, although the court was also open to press. Observers present at the hearing said that Topuria's lawyers intend to appeal to the Supreme Court. Pending the Supreme Court appeal, which does not involve a hearing, but rather a paperwork review, the next step would be to appeal the case to the European Court of Human Rights (ECHR) in Strasbourg. The average wait time for cases at the ECHR is three to five years. Topuria and the other twelve defendants were found guilty of treason and sentenced to imprisonment in August 2007 (reftel A). Okruashvili--France Grants Asylum -------------- ¶3. (SBU) Georgian media reported on April 23 that Irakli Okruashvili was granted asylum in France, but the French court has yet to make a decision about his extradition. Those watching the case speculate that he will not be extradited back to Georgia because it would bad publicity for the current administration in the middle of the Parliamentary election campaign. Okruashvili was tried in absentia and found guilty of large-scale extortion on March 28 in Tbilisi and sentenced to 11 years imprisonment. His party, part of the United Opposition Council, continues to run in the Parliamentary Elections. Okruashvili was last in the public eye on March 6, in a live broadcast from Paris, where he was very critical of the government's actions regarding Abkhazia (reftel B). Batiashvili--Off to the ECHR -------------- ¶4. (SBU) NGO Article 42 announced on April 21 that Batiashvili's case, which was filed with the ECHR while he was still imprisoned last year, will go forward. His counsel will be an eclectic group made up of Georgian and international lawyers, including counsel from the U.K. Batiashvili who was arrested in 2006, and released by a Presidential pardon on January 11, 2008, has steadfastly denied his guilt, saying he never requested a pardon. According to Batiashvili's lawyer, Natia Katsitadze, the implications of a pardon imply guilt according to Georgian National Criminal Law and the Presidential Decree which grants the pardon. Lawyers for Batiashvili point out that only by going to the ECHR can the mark of guilt be permanently erased from his case file. The Supreme Court did review the Batiashvili case on January 28, 2008, but suspended the case without issuing any finding. On another note, a finding from the ECHR in Batiashvili's favor could open the door to monetary compensation for wrongful imprisonment (reftel C). Comment -------------- ¶5. (SBU) Post reported incorrectly (ref C) in January that TBILISI 00000757 002 OF 002 Batiashvili was granted amnesty. In fact, he was pardoned. TEFFT