On October 7, former members of the governmental Commission on Delimitation and Demarcation, Iveri Melashvili and Natalia Ilychova were arrested by the Prosecutor Office of Georgia. They are accused of carrying out actions aimed at violating the territorial integrity of Georgia (Article 308 of the Criminal Code of Georgia). We believe that the timing of the investigation, the pre-election context, the signs of a selective approach to the investigation, the populist statements made by the ruling party leaders, and the violation of the presumption of innocence, raises doubts that the investigation is politically motivated, aimed at creating misconception and discrediting political opponents.
The investigation launched on August 17, 2020. According to the Prosecutor’s Office, the basis for launching the investigation was information received from the Ministry of Defense of Georgia. According to which the experts of the commission have been constantly ignoring certain documents after which the state border with Azerbaijan has been agreed to the detriment of the territorial interests of the country.
The Prosecutor’s Office claims that during the commission’s activities, the accused did not rely on the 1:200 000 scale topographic map published in 1937-1938, due to which the loss of the historical territories of Georgia was jeopardized.
Iveri Melashvili pleads not guilty and says his arrest is politically motivated. He says that after examining and analyzing the topographic map on a scale of 1:200 000 published in 1937-1938, it has been determined that the map was defective. In particular, comparing the same elements of the map (railway, bridge, intersection, river, ravine, etc.) with other maps, it was evident that the inaccuracy was about 240-300 meters. Because of this, the map has not been used in the decision-making process. Mr. Melashvili states that “the people with different attitudes” thought that using this map would give Georgia more territory. However, they did not take into account the fact that the map was flawed and could not be used.
The prosecutor said that the motive for the alleged crime was still unascertained to the investigation. He also noted that the investigation has also been working on a version of a crime committed by high-ranking officials. The prosecutor pointed out that the arrest of the accused was not related to the election period and that the investigation was expedited due to the top priority of the case. It is noteworthy that the court hearing was scheduled for the very second day of the arrest, which in fact violated the right of a fair trial (the right to have adequate time and facilities for the preparation of the defense). It should be noted that the case is quite extensive consisting of 7 volumes and more than 1000 pages.
We believe that the initiation of this investigation is politically motivated for several reasons:
Along with the pre-election context, it is also important to consider the case in a broader context. It’s noteworthy to find out the reasons for the intensification of this issue during the hostilities in the region between neighboring Azerbaijan and Armenia. It is a well-known fact that Russia’s interests have been to interfere in Georgia’s elections and stir up destabilization, including by trying to create tension between Georgia and Azerbaijan.
According to media reports, the topographic maps were provided to the Ministry of Defense by a businessman Davit Khidasheli who is close to the Russian special services. According to media reports, he obtained the documents with the help of Russian foreign intelligence officer Oleg Mubarashkin. It should also be noted that the launch of the investigation was preceded by a statement made by the leader of the Alliance of Patriots of Georgia, MP Irma Inashvili. She called for an investigation into the activities of the commission. The Dossier reported on the link between the Alliance of Patriots and the Russian special services, but the Prosecutor’s Office did not even launch an investigation.
Therefore we call on the Georgian authorities:
Transparency International Georgia
Open Society Foundation
International Society for Fair Elections and Democracy (ISFED)
The Media Development Foundation (MDF)
Society and Banks
In-Depth Reporting and Advocacy Center
Human Rights Centre (HRDIC)
Economic Policy Research Centre (EPRC)
Georgia’s Reform Associates (GRASS)
Atlantic Council of Georgia
The Human Rights Education and Monitoring Center (EMC)
Civil Development Agency
Georgian Young Lawyers’ Association (GYLA)
UN Association of Georgia (UNAG)
Governance Monitoring Center