European Court affirms Georgia’s jailing of former leader Saakashvili

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The European Court of Human Rights ruled today that authorities in Georgia acted properly in 2014 when bringing criminal charges for abuse of power and complicity in criminal battery against former president Mikheil Saakashvili.

The ECHR stated that “the authorities’ honest desire was to bring the applicant to justice for his wrongdoing and that, in the absence of sufficient evidence to the contrary, the allegation of an ulterior motive is unsubstantiated.”

Saakashvili is currently serving a six-year sentence after being convicted in 2018 of ordering riot police to beat Georgian MP Valery Gelashvili in 2005, and for pardoning interior ministry staff convicted in the 2006 murder of bank employee Sandro Girgvliani. The former president, who served from 2004 to 2013, was arrested when he returned to Georgia in October 2021 after spending seven years in self-imposed exile.

Since his incarceration, Saakashvili’s health has drawn serious concern from human rights organizations and international bodies, who have noted his hunger strikes and an alleged lack of proper medical care.

An opponent of Russian President Vladimir Putin, Saakashvili has claimed that Bidzina Ivanishvili, chairman of the ruling Georgian Dream party, had been ordered by Putin to persecute him.

The court upheld the contention of Georgia’s government that the case had been handled in keeping with European standards, and rejected Saakashvili’s claim that his prosecution was politically motivated. In particular, the ruling stated, evidence was handled properly and the judge who convicted Saakashvili had been impartial.

The court also ruled by a 5-2 margin that Saakashvili could have expected his conduct to result in legal action.

According to Europe’s Convention on Human Rights, today’s ECHR ruling is not yet final, as parties have three months to request the case be reviewed by the court’s Grand Chamber.

Georgian Dream recently won parliamentary approval for a Russia-style “foreign agent” bill that would stigmatize NGOs and other voices critical of the government, leading to weeks of street protests and brutal government crackdowns. The bill has drawn condemnation from the EU and the U.S.; while it was overruled by Georgia’s president May 18, the parliament has vowed to override the veto.