The European Human Rights Council reported a violation of Article 6 by accused who are citizen of Georgia. The finding also accused an acting judge of Georgia of violating provisions of the European Human Rights Convention.
The court’s judgment came on August 29 in the case of Khachapuridze and Khachidze v. Georgia. According to the details of the case the accused person involving an acting judge is responsible for the violation. At the same time the court also ordered the Government of the Republic of Georgia to pay EUR 1000-1000 in damages to victims.
Georgia was also ordered to pay EUR 3000 for costs and expenses which the case victim also bore. Judge Giorgi Mikautadze known for their “judicial clan ”was held guilty along with others. It is worth noting that the incident took place almost eight years ago in 2016, at Gonio Beach near the city of Batumi.
According to Tamar Khachapuridze he was verbally and physically assaulted by the then chairman of the Tbilisi City Court and current judge Giorgi Mikautadze. He also accused them of assaulting his son and later he filed a complaint with the police to take action.
Shortly Mikautadze also filed a complaint that he was the victim of a physical and verbal assault by Khachapuridze . Later on after the conclusion of the trial in 2018 of the Khelvachauri court found Tamar Khachapuridze as well as her husband guilty of assault along with hooliganism under Article 239 of the Criminal Code of Georgia.
The accused were also fined GEL 3000 and GEL 2500. It is also exciting that the Prosecutor’s Office official didn’t impose any charges against Judge Giorgi Mikutadze. Moreover judge Khvicha Kikilashvili who decided this case is currently a judge of the Constitutional Court.
As per the ECHR both courts the Khelvachauri court and the Court of Appeal, failed to ensure the attendance of witnesses which was very important to decide the case according to legal procedure.
