Today, on the 5th January, 2013, the Main Prosecutor’s Office has applied to Tbilisi City Court with the petition of imposition of suppressive measure on an accused Zurab Adeishvili. In the Court, the prosecutor’s Office requests to impose a pre-trial detention on Zurab Adeishvili, to terminate the validity of three diplomatic passports and one passport of a Georgian citizen issued on the name of Zurab Adeishvili.
The Main Prosecutor’s Office considers it advisable to impose a suppressive measure in the form of pre-trial detention on Zurab Adeishvili because of the following circumstances:
There are four reasons justifying imposition of detention on a person, which are stipulated by the case law of the European Court of Human Rights. Factually, the same grounds are considered by the article 205, paragraph 1 of the Criminal Procedure Rules Code of Georgia, according to which, “detention, as a suppression measure, is used solely in case if it’s the only means for avoidance of hiding of an accused, and obstruction of justice by him/her; impediment by the latter to obtaining evidence; commitment of a new crime by the accused”.
There are all the three circumstances present in regards to Z.Adeishvili, the accused on the discussed cased, for usage of detention in the shape of a suppressive measure.
According to the letter of January 4th, 2013, of the Patrol Police Department of the Ministry of Internal Affairs of Georgia, which is included in the criminal case materials, on October 2nd, 2012, Zurab Adeishvili crossed the Georgian border checkpoint through the “Tbilisi Airport” by using the diplomatic passport and has not returned up to now. Zurab Adeishvili left the territory of Georgia when he was still holding the position of a Minister of Justice of Georgia, though he hadn’t returned neither before his term of service expired, nor after recognition of authority of the new government.
According to the information provided by the official website of the Ministry of Internal Affairs of Georgia, it’s confirmed that Z.Adeishvili’s spouse and his children left the territory of Georgia on November 19th, 2012, and haven’t come back. A.Adeishvili broke off relations with the country, for the last two months, he, together with his wife and children, hasn’t been in Georgia and his location is unknown. The apartment situated on the registration place of Z.Adeishvili was found locked, - according to a neighbor, “A.Adeishvili and his family aren’t in the above mentioned apartment and their present place of residence is unknown”. The location of his son is not known to the father of the accused Zurab adeishvili, Sh.Adeishvili.
On December 21st, 2012, the Main Prosecutor’s Office of Georgia made the circumstances of the aforesaid criminal case public by the mass media means, according to which some details of the case became known for the broad masses of the society, to be more precise, the circumstance that, the Main Prosecutor’s Office planned to start criminal prosecution against Z.Adeishvili with the concrete indictments. A preliminary notice was placed on the webpage of the Ministry of Justice of Georgia on the expected accusation against Z.Adeishvili and it was transmitted by the mass media means.
As it was not managed to contact Z.Adeishvili and to reveal his place of residence, the resolution of charge was handed over to the advocates named by the father of Z.Adeishvili – I.Grdzelidze and G.Svanidze. On December 29th, 2012, the Main Prosecutor’s Office of Georgia, once again spread the information about the charge filed against Z.Adeishvili through the mass media means. Thus, it’s known to Z.Adeishvili, that criminal prosecution against him is implemented in the Main Prosecutor’s Office of Georgia. The resolution of charge against Z.Adeishvili was duly delivered to his advocates. Seven days have passed from the moment of delivery of the above mentioned resolution, and despite of this, he (Z.Adeishvili) avoids appearance in organs of investigation, by which he clearly obstructs investigation and revealing of truth on the case.
In conformity with the information provided by the Public Registry, by the situation of January 4th, 2013, no immovable property is registered on the name of A.Adeishvili. Thus, considering the fact that Z.Adeishvili took his wife and children out of Georgia and their location isn’t known, we can state that Z.Adeishvili has no motivations for staying in and/or returning to Georgia.
We should take into account the circumstance that, A.Adeishvili was holding a number of highest official positions in the Executive Power of Georgia, because of which he has broad and significant contacts as inside the country, so outside of its borders. By the information of the Ministry of Foreign Affairs of Georgia, three diplomatic passports are issued on the name of Z.Adeishvili , validity period of which hasn’t expired.
The rule of issue and usage of diplomatic passports is regulated by the Ordinance #941 of November 17th, 2005 of the President of Georgia.
By the Ordinance #944 of October 12th, 2012, amendment was made to the previously mentioned Ordinance, and on the basis of the Resolution of the President of Georgia, the rights on usage of a diplomatic passport was sustained to some persons for 1 year after they were dismissed from a position, or after the validity term of their authority was expired.
The accused Z.Adeishvili, as the Minister of Justice of that time, was exactly one of those officials, who sustained the validity term of the diplomatic passport for one more year on the basis of the amendment of October 12th, 2012.
According to the official information of relevant State departments, at the moment, there are 3 diplomatic passports and 1 passport of citizen of Georgia in the hold of Z.Adeishvili. The diplomatic passports give him an opportunity to use the simplified procedures and privileges on entering a foreign country established for diplomats, and a possibility of relocation outside the Georgian borders by going through the simplified procedures of customs and border control.
The Main Prosecutor’s Office of Georgia requests that when selecting a suppression measure for the accused Zurab Adeishvili, the Court might consider the particular seriousness of the committed crime and of the charge and international liabilities of the State, which Georgia has taken regarding suppression of torture and inhuman or degrading treatment, in accordance with the acts of United Nations and Strasburg.
The Court should consider that strengthening of protection of detained persons or persons having otherwise restricted their freedom and respect for their rights is the common obligation of all the States and severe, inhuman, or degrading treatment is a serious violation of human rights.
The Main Prosecutor’s Office believes that, considering the concrete and specific circumstances of the case on the charge against Adeishvili, his personality, occupation, former high position status, existing and remaining relations with the State, as well as, his relations inside the country and outside of its borders, his freedom of movement, his high level of awareness about the charge against him and his former abuse of power as the Minister of Justice, there are absolutely reasonable, fair and lawful circumstances for imposition of detention as a suppression measure on Zurab Adeishvili and for termination of validity period of the diplomatic passports and a passport of a Georgian citizen issued on his name.