Public Defender Addresses the Decision of the Tbilisi Court of Appeals on the Case of a Murder on Khorava Street
The Decision of Tbilisi Court of Appeals of June 3, 2019 once again confirmed that the investigation failed to reveal all allegedly responsible individuals on the fact of murder of a juvenile on Khorava street.
Only one minor – G.J. has been convicted in the case of murder of David Saralidze, who pursuant to the Decision of the First Instance Court has committed attempt to murder a minor knowingly (Articles 19, 190 (2, “b”) of the Criminal Code of Georgia). Initially G.J. was charged with murder, however the First Instance Court ruled that the deadly wound was not caused by G.J., therefore he was only convicted for an attempt to murder. Tbilisi Court of Appeals amended the Decision against G.J. on June 3, 2019 and found G.J. guilty for a murder committed knowingly by a group.
The public is informed that approximately a year ago, the Office of the Public Defender examined the mentioned case materials and revealed that the murder of David Saralidze was not fully and effectively investigated. The investigation failed to conduct or delayed the conduction of a number of investigative activities, that made considerably negative impact on imposition of responsibility on those guilty of a crime. Analysis of the case materials shows that another person/other persons were also involved in the murder of David Saralidze.
Taking examination outcomes into account, Public Defender addressed the Parliament of Georgia to consider one of the recommendations – to accuse participant in the murder of David Saralidze in a crime of murder committed by a group - during elaboration of the Decree of the Parliament on the basis of the work performed by the temporary investigative commission. Unfortunately, the Parliament of Georgia has not shared this recommendation. Furthermore, another individual has not yet been charged with a murder of David Saralidze by a group yet.
The decision of Tbilisi Court of Appeals of June 3, 2019, once again revealed that David Saralidze was murdered by a group of at least two persons. Yet, only one person – G.J. - is revealed by investigation.
Particular emphasis needs to be made to the fact that Public Defender addressed the Parliament of Georgia and the Chief Prosecutor’s Office of Georgia to launch investigation against the so called responsible persons for investigating crime committed on Khorava Street, whose actions damaged the interest in effective investigation of the case. Unfortunately, in this case too no one has been charged yet; furthermore, society and the Public Defender lack any information on activities undertaken during last one year by the Ministry of Internal Affairs and the Prosecutor’s Office in terms of imposing responsibility on persons who took part in the murder of David Saralidze and revealing alleged fact of abuse of power by those responsible to conduct investigation.
Public Defender of Georgia once again calls the Ministry of Internal Affairs and Chief Prosecutor’s Office to:
- reveal and impose criminal liability on all persons participating in the murder of David Saralidze by a group;
- launch investigation on the fact of abuse of power, against those representatives of the investigative body in particular, whose alleged deliberate or negligent crime resulted in destruction of evidence and prolongation of investigation;
- acquaint the Office of the Public Defender with the materials of investigation ongoing at the Ministry of Internal Affairs as well as inspection documentation pending at the Prosecutor’s office immediately and in full.