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მთავარი გვერდი » Leonidze-Illegal prisoner/ლეონიძე-უკანონო პატიმარი [eng]
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--- Leonidze-Illegal prisoner/ლეონიძე-უკანონო პატიმარი [eng]
ავტორი Admin, 5-05-2012, 22:03 | კომენტარები (0)
Leonidze-Illegal prisoner/ლეონიძე-უკანონო პატიმარი [eng]


To the Ambassador Of United States of America
To the Ambassador of France
To the Ambassador of Germany
To the Defense of Human Rights of Parliament of Georgia
To the Human Rights Watch
To the Ambassador of European Parliament
To the representation of EU council in Georgia

Article 42 of Constitution of Georgia

Mr. Jemal Leonidze was arrested in August, 2009, on the basis of the articles 180 and 362 of Criminal Code of Georgia. Tbilisi city court sentenced him to 10 years and 6 months in prison and charged him GEL 50 000 for the benefit of the state.
Before being arrested his personal property in the companies had amounted to approximately USD 50 million. Currently he is being in detention and his family has no property and they no longer own even a residential flat. Before being deprived of the liberty Mr. Jemal Leonidze was the owner of 75% of “Magnati 2006”. This company used to be the owner of 8-10% of gasoline or other petroleum products realization network. The Company used to have 4 oil terminals, 42 gasoline stations, three restaurants, poultry farm, other petroleum products realization network owned by the company used to sell out 5,5 million liters of oil products, and more than 200 people were employed by the company.
After Mr. Jemal Leonidze was arrested hypothec agreements that had been concluded with JSC Bank Republic was replaced by Buy-Sell Agreements regarding two restaurants. Having taken into consideration the Buy-Sell Agreement and hypothec related , liabilities JSC Bank Republic has to pay USD 1 million and 734 000.
In August, 2011 the Chief Prosecutor’s Office initiated a criminal case regarding this case, unfortunately, by this time the investigation has not done anything else.
JSC TBC Bank instead of hypothec agreements, sold the Company’s movable and immovable property (that had been valued at 30 million USD) to the company - GULF at 12,5 million USD.
Whereas, the company “Magnati 2006” is undergoing bankruptcy.
The actions carried out against Mr. Jemal Leonidze and his company, gives me the basis to declare that he has been an illegal prisoner from the moment of his detention, the case against him has been cooked for the benefit of those persons close to the government and as the result of exerting pressure upon the court his detention was “legalized” for a considerable period of time, whereas, during court “hearings” the property of the company has been taken into ownership by interested forces.
The aggrieved has already made use of domestic means without any result. The European Court of Human Rights has separately received the claims made by Mr. Jemal Leonidze as a criminal case and as a civil dispute.
The principle of two instances guaranteed by the European Convention on Human Rights has not been implemented regarding Mr. Jemal Leonidze’s case. The case was as follows:
Domestic state norm, the European Convention on Human Rights and Judicial Precedent in the Practice of the European Court strictly specifies a “reasonable period for a case review”. According to Georgian Legislation the appeal shall be reviewed within three months, code of criminal procedure (old edition) article 528.2 “the appeal be prosecuted by an appellate instance within the time limit by filing a transcript within three months”. Thus, the appeal made by Mr. Jemal Leonidze shall be prosecuted by the court till September, 24th, 2010; actually, the court completed reviewing the case only on March, 1st, 2011 (only 8 months and 3 days after).
Pursuant to code of criminal procedure (old edition) article 316 “procedure which is held after the established time limit is over, is considered invalid, if the time limit was not restored”. The court of appeal did not proceed prosecuting the case afterSeptember, 24th, 2010.
Thus, the appeal made by Mr. Jemal Leonidze from September, 24th, 2010 till March 1st, 2011 was prosecuted illegally (10 court hearings), by a non-authorized court of appeal and on March 1st, 2011 a decision (procedural sentence) made by this court is illegal, due to the fact that it was made upon violation of the established time limit.

Apart from that, as a result of the violation of the abovementioned right, Mr. Jemal Leonidze was not able to exercise the principle of two instances guaranteed by the European Convention on Human Rights. According to the code of criminal procedure (old edition) article 517 “The convict . . . is entitled to require prosecuting the case by two instances”. Thus, all the procedures carried out by the court of appeal after September, 24th, 2010 is illegal.
The thing is the delay in prosecuting the appeal has been delayed by 8 months and 3 days was caused by the only reason – 8 days before the decision was made “GULF” has taken into ownership the whole property of “Magnati 6” through JSC TBC Bank. Only after the abovementioned deed was over the court was able to declare its decision.
Mr. Jemal Leonidze applied to human rights defender, parliamentary committee on human rights, regarding violation of time limits for appeals, violation of property and proprietary rights. Human rights defender refrained from any reaction, whereas parliamentary committee on human rights the responsibility of the judge.
Thus, I do believe that Mr. Jemal Leonidze was deprived of liberty for the purpose to appropriate his property. Hence he believes that he is an illegal prisoner and requires that appropriate actions are taken.

Yours Faithfully,
Zurab Todua


For more details, please visit our website
www.Leonidze-Magnati.Ge
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