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The prosecution of one defendant "in the name of the law" has pulled the country back - Natia Mezvrishvili

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BM.GE
23.02.21 17:00
606
The former head of the government administration, Natia Mezvirishvili, publishes a post on Facebook about Nika Melia's arrest. Mezvrishvili writes that the "name of the law" was interpreted in such a way that Nika Melia was sentenced to pre-trial detention - there was no legal need to do so. Mezrvishvili notes that the events "have pushed the country back." She questions the steps taken by the police and the prosecutor's office.
 
"Very briefly about how everything could have been different, how the accused could have been left without detention until the verdict was handed down and the country could avoid the damaging processes that are taking place today:
 
First of all - I am not commenting on the guilt of the accused - the issue of innocence. I refer to the use of detention as a measure of restraint, which has no legal connection with the final verdict against the accused.
 
The last part of the process (the execution of the detention) can't be legally held when there were a number of question marks in the whole process before the execution. This will be agreed upon by all those who have heard anything about the basics of the measure of restraint and who are well acquainted with the practice in this regard.
 
Narrowly and out of context, explaining the norms of the law in such a case, to put it bluntly, was disastrous for the country, and the consequences of this will be better seen in the coming days if we do not see it already.
 
Yes, in case of non-payment of bail, the prosecutor will apply to the court to apply a more severe measure of restraint, but this norm can not be considered separately because any measure of restraint (be it imprisonment or bail) first needs grounds - that is, a reasonable presumption that the accused hides, destroys evidence or commits a new crime. This means that even if the accused fails to pay bail when applying a more severe measure of restraint to him, the prosecution/court must first consider whether there is still reason to apply a measure of restraint to the accused. That is, the accused could easily have been left without a measure of restraint before being sentenced in the present case.
 
In addition, the law does not define the hierarchy of preventive measures. No one knows which prevention measure is more severe or less severe. This is because often, a court charges an accused who violates bail conditions with imprisonment rather than personal bail or other non-custodial terms.
 
Consequently, the appeal that detention was the only requirement of the law and there was no other way was wrong from the beginning.
 
As for the execution or detention, of course, it is impossible to assess the execution properly, when in the pre-execution process there were a lot of questions about the actions of the police, the prosecutor's office, and the court.
 
The issue of changing the measure of restraint, in this case, has brought to the surface the challenges facing the justice system as a whole and each of its rings, which are still numerous. Hopefully, when the political firefight passes, we will all think together about the need for complex (and not fragmentary) fundamental and real reform of the entire justice system.
 
Finally, most importantly, this fact is a clear example of what a country can lose "in the name of law enforcement." No one says the law should not be enforced, but not at the expense of the country's interests, image, and future prospects for development through the West." - she writes.
 
Natia Mezvrishvili was the head of the government administration during the time of Giorgi Gakharia as Prime Minister. He resigned on November 23, 2020.