In the Investigations Department of Chief Prosecutor’s Office of Tbilisi is being awakened the criminal law case, by the ex-chiefs of Military Police of Ministry of Defense of Georgia towards the citizens , with violence and abuse of their dignity, in the ground of using official duties. ( The Code of Criminal Law, Article 332, paragraph 3.)
By the investigation is established that with the instructions and arrangements of ex-chief of Department of Military Police of Ministry of Defense of Georgia, Megi Kardava, the people of high position of this department were collecting the information about the men belonging to sexual minorities secretly and illegally were taking the video materials of their private life, whereupon with the threat of compromise, were blackmailing them and forced them to cooperate secretly with their special services.
Illegally pressed confidents, on the other hand, were having relations with celebrity men belonging to sexual minorities, so that the lasts did not know anything about secrecy. The Confidents were taking them to the apartments being hired by the State Operative’s budget, which beforehand were equipped with the illegal spy hidden audio- video apparatus.
By this time three such apartments are authenticated. In these apartments in question the confidents internally pressed by officials of Military Police were making sexual contact with the people being chosen beforehand, whereupon, the secretly recordings were transferred to Megi Kardava.
Later in order not to become this taken video recordings publicly, in the conditions of factual blackmail, the victim man of secrecy agreed to reveal his loyal attitude about the being political regime and to take part in different events being organized by popularization of ex-authority. Besides the compromising materials were also used in order to deprive money.
In this stage several such illegal recordings are procured by the Chief Prosecutor’s Office, though with the data of investigation, there exist dozens of such compromising secret recordings. Bonded with the stated facts of investigation, with the accusation of abuse official powers, three people of high positions of Department of Military Police are given into the responsibility of Criminal Law.
The inquisition has arrested them and appealed to Municipal Court with the application of their accusation, though the judge Giorgi Arevadze did not comply the application and the guarantee of 2 000 GEL was conformed them as the preventive measure.
After the announcement of legal appeal of prosecutor , the promise of court and part of resolution statement , the compete statement was not given to prosecutor. The mentioned claim, although continually demand was not given to prosecutor even in following days. Due to the fact that the given 48 hours time for appealing was in expiration, the prosecutor had to submit the complaint in the Municipal Court, two hours before the expiration, so that he was not given the copies of judgment and statement and it was unclear for him if what regulations were based in the verdict. The statement was given to prosecutor later, then when the time for appealing has already been expired.
Also regarding other basis of criminal law procedures, the complaint submitted by the prosecutor in Appeal Court is not discussed yet. Due to the fact that the complaint and the materials only after the tenth day of appealing, was transferred from Municipal Court of Tbilisi to the investigation board of Appeal Court. Although according to the code of practice of Criminal Law of Georgia, article 207, paragraph first, after submission and the complaint, he had to transfer the material immediately to the Appeal Court of Tbilisi. About the groundless drawling of case and improper implementation of the duties of judge, there is an arranged complaint by the Prosecutor’s Office to appeal to the supreme Council of Justice of Georgia.
According to the law the information obtained from the activities of operative-investigation, which does not concern to the guilty activity of a person, but contains his/her compromising notes, can not be announced or used in any sign against this person (law about the operative-investigation activity, article 6, paragraph 4).
According to this law, in the process of operative- investigation activities may be used secret cooperation (confidence), which only voluntarily, in the ground of contract, must be involved in performance and preparation of the operative-investigation activities.