According to one of the defendants in the so-called sabotage case, Nika Gvaramia, Judge Tamar Makharoblidze did not approve the defense motion requesting an assessment of the health condition of Elene Khoshtaria, who is also a participant in the case.
Gvaramia told journalists that, in response, the judge stated she had no grounds or prerequisites to exercise such authority.
He added that it is completely ruled out for them to appeal to President Mikheil Kavelashvili for clemency regarding Khoshtaria.
“The judge has a positive obligation, as a representative of the state who is supposed to protect the rights of the accused—not only to oversee their prosecution—to check a defendant’s health condition as soon as there is any doubt. A doubt is not only based on documents we submitted; the concern has already been publicly stated by the defendant herself, her lawyer, and us as well—that her health condition is extremely severe and cannot improve without proper treatment. We wanted the judge to intervene in this; we did not even request an adjournment of today’s hearing. The inaction continued from the penitentiary service through the judge.
The judge’s argument was: ‘I have no prerequisites to exercise this authority.’ Just so you understand, they did not even bother to ask a question or send a letter—whether out of negligence or unwillingness does not matter,” Gvaramia said.
According to him, the prosecution stated that they are concerned, but consider the response from the penitentiary service sufficient. He argued that this does not meet legal standards.
Gvaramia also criticized what he described as a coordinated approach to the case, claiming it involves unlawful detention and the improper inclusion of Khoshtaria as a defendant, while the main issue, he said, is her deteriorating health condition.
He added that if the request for Khoshtaria’s release is not granted, protests should be expected.
“We should expect protests. I even read somewhere that they might go to the president to request a pardon. That is complete absurdity. First, Elene’s position is known, and then ours too—no, that is out of the question. There will be protests aimed at creating enough pressure on the relevant authorities so they are forced to make lawful and humane decisions. The person is unwell. We will announce where the protests will take place soon,” Gvaramia said.