Ombudsman demands to launch Preliminary Investigation against the Judge and to release a Juvenile from Illegal Imprisonment

29 11 2006

While conducting monitoring of Samtredia short-term isolator under the MIA, representatives of Ombudsman of Georgia found out that juvenile Aleksandre Lopatin was serving a 30-day administrative imprisonment. On November 21 2006 Judge of Samtredia District Court – Luisa Kuparadze sentenced Alexander Lopatin – born on November 14, 1989 to 30 day administrative custody for violating art. 45 of Administrative Offences Code. According to the decision of Judge L. Kuparadze, Alexander Lopatin was detained on November 21 2006 at 13:10 on Tsereteli Street, Samtredia. Lopatin was examined for using drugs and they stated that he was using marihuana. That means that Lopatin had violated art. 45 of Administrative Offences Code. Lopatin had been judged and was accused for theft – art. 177 of Criminal Code of Georgia with 3 years imprisonment that was changed into restriction of freedom for the same duration. • According to the Paragraph 3 of the Article 32 of the Administrative Offences Code of Georgia, administrative custody cannot be imposed on pregnant women, mothers –whose children are less than 12 years old, persons less than 18 years old and disabled persons. Ombudsman of Georgia considers that L. Kuparadze’s decision can be regarded as violation of art. 342 of the Criminal Code of Georgia - neglect of official duty, “e. i. non-fulfillment or undue fulfillment, by an official or a person equal thereto, of the official obligation due to neglectful attitude therewith, that has substantially prejudiced the right of a natural or legal person, legal public or state interest”.According to Par. “c” Article 21 of the “Law on Public Defender of Georgia” Public Defender addressed the Prosecutor General of Georgia in order to take measures for releasing Alexander Lopatin from illegal custody and to launch preliminary investigation against Judge of Samtredia Region Court – Luisa Kuparadze on the fact of neglect of official duty – art. 342 of the Criminal Code of Georgia. * * *On May 22, 2006, Judge of Kutaisi City Court Ana Ghelekva sentenced Zurab Shalikiani – born on October 17, 1988, to fourteen-day administrative custody. Later on, on May 23, Kutaisi Court of Appeal partly altered the sentence of Zurab Shalikiani and changed the administrative custody into fine. • According to the Paragraph 3 of the Article 32 of the Administrative Offences Code of Georgia, administrative custody cannot be imposed on pregnant women, mothers –whose children are less than 12 years old, persons less than 18 years old and disabled persons. The Judge Ghelekva violated the requirement of the Law and imposed administrative custody on a person less then 18 years old. This fact means that the Judge neglected the law, imposed custody on under age Z.Shalikian and thus violated his fundamental right –right to freedom. Ombudsman of Georgia submitted the studied materials to the Prosecutor General of Georgia Zurab Adeishvili and requested to start preliminary investigation on the fact. However, no criminal proceedings were instituted against Ghelekva and she still continues her work as a judge.