GYLA expresses concern over the verdicts and severe sentences of detention imposed by Tbilisi City Court judges Jvebe Nachkebia and Zviad Sharadze in the criminal cases against opposition political party representatives Zurab “Girchi” Japaridze, ¹ Mamuka Khazaradze, ²and Badri Japaridze ³ for failing to comply with the request of the temporary investigative commission.

On May 21, 2025, GYLA presented a reasoned legal opinion to the public explaining why failure to appear before the investigative commission should not be considered a criminal offense. Based on this opinion, the organization believes that, in these cases, there is an ulterior purpose behind the use of criminal mechanisms against opposition politicians. This belief is further supported by a statement made by Irakli Kobakhidze prior to the announcement of the verdict, ⁴ in which he declared that those who do not recognize [this parliament] “will go to prison.” 5

When governments use criminal justice mechanisms as a tool to silence dissent, intimidate critics, or eliminate political competition, such actions violate not only individual rights but also undermine the foundations of democratic processes. The European Court of Human Rights has held in numerous cases that politically motivated prosecutions, when aimed at suppressing opposition or manipulating democratic processes, constitute a serious violation of the Convention.

Additionally, we would like to point out that Article 349 of the Criminal Code, under which the defendants were charged, belongs to the category of less serious crimes and provides for a maximum penalty of up to one year in prison. The judge could have applied a fine as an alternative punishment, but this was not done in any of the cases. Furthermore, despite the existence of a legislative gap—namely, that failure to comply with the lawful request of the temporary investigative commission can be assessed as both an administrative violation and a criminal offense—the court did not exercise its authority to apply to the Constitutional Court. In its opinion submitted on May 21, GYLA emphasized that, given the absence of guidance from the legislator on which provision should take precedence when identical content appears in normative acts with equal legal force, the issue must be assessed in accordance with the Constitution of Georgia and international standards. In the case of ambiguity or conflict, the norm that is less restrictive of personal freedom should be applied (in dubio pro libertate).

We would like to remind the public that even at the stage of changing the preventive measure, the organization was critical of the replacement of bail with imprisonment as a preventive measure against a number of defendants, including Zurab Girchi Japaridze. The organization maintained that the mere failure to pay the bail amount should not be considered a violation of bail conditions. Accordingly, when the defendants appeared in court and did not evade the administration of justice, there were no grounds for applying the most severe preventive measure—imprisonment.

1 Zurab Jafaridze sentenced to 7 months in prison in the Tsulukiani Commission case, Publika website, 23.06.2025, available at: https://publika.ge/wulukianis-komisiis-saqmeze-zurab-jafaridzes-7-tviani-patimroba-miesaja/?fbclid=IwY2xjawLGMPdleHRuA2FlbQIxMQBicmlkETFpSmk2dFloRXl3bHJTdFVKAR4B7PfIGpCWSEv-LPY0QZZkcDKxouP30x6iBgFFPITGK6wwIh_AqPT_EHrb9w_aem_8MbxSNP3ikMGGpk8C0KGzg, [23.06.2025].

2 https://www.facebook.com/photo?fbid=1478870973512448&set=a.715406393192247

3 The court also sentenced Badri Japaridze to 8 months in prison, available at: https://www.radiotavisupleba.ge/a/33452487.html?fbclid=IwY2xjawLGMsVleHRuA2FlbQIxMQBicmlkETFpSmk2dFloRXl3bHJTdFVKAR7GqoDBNpy5nRFauNzUyj6whtRmNinzt2V0rjnTKqDw9tXWRXNyBIMRH4fN5Q_aem_AIAdMaqTRRYaPeoj68Zo4Q, [23.06.2025].

4 This refers to the appearance of Mamuka Khazaradze and Badri Japaridze.

5 See the statement https://www.youtube.com/watch?v=CdbdNYiCiCY , https://www.facebook.com/story.php?story_fbid=1166201145541488&id=100064548410237&mibextid=wwXIfr&rdid=qLeNRm6cddDZx4x8#, [23.06.2025].