Amicus Curiae Brief in connection with Giorgi Rurua’s Case - საერთაშორისო გამჭვირვალობა - საქართველო
GEO

Amicus Curiae Brief in connection with Giorgi Rurua’s Case

24 February, 2020

 

Transparency International Georgia filed an Amicus Curiae brief with Tbilisi City court with regard to Giorgi Rurua's case. The scrutiny of the case files revealed that Giorgi Rurua's rights and freedoms, guaranteed by the Constitution of Georgia and various international acts, were unlawfully restricted during conducting his personal search and other investigative actions.

Giorgi Rurua was arrested on 18 November 2019, on Chavchavadze Avenue in Tbilisi for unlawful purchase, store, and carrying of a firearm. On 25 December 2019, Giorgi Rurua was additionally charged with failure to comply with a court ruling and obstruction of its execution. The prosecution found that the defendant's refusal to provide samples of saliva and fingerprints amounted to a failure to comply with a court order.

The requirements of the Code of Criminal Procedure had been substantially violated upon drawing up Giorgi Rurua's personal search protocol and sealing of the firearm. TI Georgia believes that the fact that the protocol of Giorgi Rurua's personal search was completed with substantial violations, alongside with the findings of various forensic examinations, throw discredits on Rurua's connection with the firearm and casts doubts over the authenticity of the evidence. Therefore, the organization is of the opinion that the protocol of Giorgi Rurua’s personal search and seized evidence must be declared inadmissible and excluded from consideration in court.

A search of Giorgi Rurua's automobile was also conducted with significant shortcomings. Quite a number of facts of the case indicate the suspicious circumstances of the origin of the firearm silencer.

Giorgi Rurua's right of defense was also violated at various stages of the investigation. At the time of the arrest, the defendant was deprived of adequate opportunity to contact his lawyer or family members. Other than this, at the final stage of the investigation, the investigator conducted one of the investigative actions without the mandatory participation of a lawyer.

In addition, aggravation of Giorgi Rurua's indictment is groundless. The reason for the aggravation was the fact that the defendant did not voluntarily participate in taking the samples which, as the privilege against self- incrimination, he was granted by the Constitution of Georgia.

Therefore, Transparency International Georgia hopes that the court will take into consideration the arguments expressed in the Amicus Curiae brief and make a lawful and reasoned decision.

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