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GYLA requests the completion of a prolonged investigation into the fact of beating Tamar Khachapuridze's underage son

2018-07-23 09:05
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The limitation period of criminal liability has been expiring in the investigation into the fact of physical abuse of Tamar Khachapuridze's underage son that involve Giorgi Mikautadze, the secretary of the High Council of Justice of Georgia and judge. Despite the fact that almost two years passed after the beginning of the investigation, the case does not come to any result. It is noteworthy that expiration of the limitation period excludes the person responsible for the offense to be charged.

Prolonged investigation and inadequate information on the progress of the investigation raises a well-founded doubt about violation the principle of rule of law in the case - the involvement of Giorgi Mikautadze, a high official of the judicial branch of government may interfere the investigation of the case and criminal prosecution.

Together with ineffective investigation, there is a selective approach towards the investigation of two criminal cases launched on a single incident. Based on the fact, the investigation into the charges against Tamar Khachapuridze has been completed and the case is being discussed at the court, while investigation of the fact of beating of Tamar Khachapuridze's son by Giorgi Mikautadze has been continued without any result for more than a year and a half. On March 21, 2018 non-governmental organizations made public statement about delaying the investigation into violence of underage person by Giorgi Mikautadze and selective approach.

Besides in the case of charge brought against Tamar Khachapuridze where Giorgi Mikautadze is the victim, in July 2018 the court refused to satisfy a motion of interrogation of Tamar Khachapuridze's underage son as a witness at the court session. On the contrary, the prosecution side had been given the opportunity to interrogate witnesses freely at the court session.

We appeal to the relevant bodies to finish the investigation of a violence against underage son of Tamar Khachapuridze until August 26, 2018, before the expiration of the limitation period of investigation of the case. Investigation will be conducted fully and objectively, so case not to remain uninvestigated, and the offense unpunished. It is important that the law enforcement bodies and the courts apply all measures to remove suspicion of selective justice.