November 6, 2015
We would like to respond to the Tbilisi City Court decision upon the replacement of current leadership of Rustavi 2 by interim managers. We believe that the court decision is at variance with the constitutional order and leads to further escalation of the situation.
Constitutional Court’s decision rendered weeks ago on the suspension of the norms concerning immediate execution was a good opportunity to discuss and resolve the issues related to the TV Company in the courtroom and to avoid street protests. Considering the subsequent actual results, Tbilisi City Court decision is inconsistent with the spirit of the decision made by the Constitutional Court. Rationale for the decision of Tbilisi City Court is not in line with the practice of the European Court.
In a wider context, the Court’s decision raises strong doubts about the politicization of the legal institutions. Current processes are beyond not only the scope of private law disputes, but also issues of the freedom of expression and media freedom.
In addition, it should be realized how important is to resolve the dispute in the judicial system. Participants engaged in the legal dispute, Civil Society Organizations, citizens, International Community and most importantly, the ruling party – should apply to all democratic measures to preserve civil peace. Everyone should keep in mind that such actions may have adverse impact on the country’s democratic development.
