“The prosecutor has already handed over evidence to us, but there is no evidence presented that would confirm that Zurab Chavchanidze committed any crime,” Zurab Chavchanidze’s lawyer Nino Lominadze told Batumelebi.
The pre-trial hearing for Batumi activist Zurab Chavchanidze will take place at the Tbilisi City Court on November 27. During this hearing, the court will decide on the admissibility and disputability of the evidence presented by the defense and prosecution, and whether the case should proceed to substantive consideration.
The court will also consider changing Zurab Chavchanidze’s preventive measure at the November 27 session. Chavchanidze’s lawyer is requesting his release on bail.
The Georgian Dream prosecution accuses Zurab Chavchanidze under Article 19-222, Part 2, Subparagraph a of the Criminal Code, which pertains to an attempt to seize a strategic and high-priority object, and under Article 225, Part 2, which concerns participation in group violence. These charges carry a potential sentence of up to six years in prison.
Initially, the prosecutor showed Chavchanidze a video as evidence allegedly proving the crime. The video shows the Batumi activist moving within the yard of the Presidential Administration building holding a flag.
“Still, the evidence is limited to videos, but there is no evidence showing any act of violence. Chavchanidze is also accused of attempting to block a strategic object to seize it; however, the videos only show him entering the yard and sitting on a curb. Whether he intended to seize a strategic object is a legal matter under dispute, and this is exactly the point we contest: whether the elements of the alleged offense are present.
As for group violence, there is no evidence that he participated, or even attempted to participate, in such acts. The prosecution’s position is purely speculative and unsubstantiated… Chavchanidze’s actions do not contain the elements of a crime as defined by the Criminal Code,” explained Nino Lominadze.
How does the prosecution claim that the Batumi activist engaged in violence?
“The prosecution argues that at the same time, others may have engaged in group violence and that they supposedly acted with a shared intent. But what does it matter if Chavchanidze did not commit any violent act? That is roughly the situation,” Lominadze clarified.
The prosecution can still present new evidence in Chavchanidze’s case, such as awaiting the results of an expert examination. Most of the evidence has already been submitted.
Nino Lominadze has met with Zurab Chavchanidze in detention:
“His health is normal, considering the conditions in which he is being held.
His message is that he categorically denies the charges. He rejects any violence or any attempt to seize a strategic object in any form.
The charges against Zurab Chavchanidze are very weak. There is no conclusive evidence that would justify a conviction.
Therefore, his detention is also unlawful, since there is no risk of flight or any other circumstance that could be considered dangerous,” said Nino Lominadze, Chavchanidze’s legal representative.