May 3 is the World Press Freedom Day. Since 1993, this date has been a symbolic manifesto for all governments to respect the press as one of the main pillars of freedom. On this day, we, civil society organizations, once again echo the case of Nika Gvaramia, Director General of Mtavari TV. Almost a year has passed since Tbilisi City Court[1] Judge Lasha Chkhikvadze found Nika Gvaramia, Director General of Mtavari TV, guilty of abuse of power on May 16, 2022, and sentenced him to 3 years and 6 months in prison.[2] We believe that the ongoing legal proceedings against Nika Gvaramia are politically motivated and are aimed at suppressing critical voices. The case against Nika Gvaramia as a whole undermines his right to a fair trial, has a chilling effect on freedom of expression and creates a precedent of narrowing the free space, which has an impact on the existence of a pluralistic media environment in the state.

According to the Public Defender of Georgia, the rulings of Tbilisi City Court and the Court of Appeal against Nika Gvaramia were issued in violation of the fundamental principle of legality and show the superiority of the political motive/component.[3] The undersigned organizations share this assessment. The monitoring of the case makes it clear that:

The judgement in the case of N. Gvaramia in the court of first instance was delivered by a judge whose objectivity and impartiality were questionable.[4] The charges brought against Nika Gvaramia by the Prosecutor's Office did not contain sufficiently clear signs for imposing criminal liability.[5] The court did not answer, in its ruling, the questions raised at various stages of the consideration of the case in the City Court, namely regarding the standards of filing charges, consideration of the case, conviction, or independence and impartiality of the judge, which is why we can consider the ruling unfounded. In addition, not a single piece of evidence examined in the courtroom provided a basis for identifying elements of a crime in the action.[6]

By its decision of November 2, 2022, the Court of Appeal dismissed the appeal of the defence and found Nika Gvaramia guilty again in two episodes of abuse of authority.[7]

The judgement of the Court of Appeal in the criminal case of Nika Gvaramia is being appealed through the cassation procedure. Despite the fact that the deadline set by law is almost expiring, the consideration of Nika Gvaramia’s cassation appeal has not even begun, and the composition of the court has not even been determined.[8]  

It is worth emphasizing that Nika Gvaramia’s case is directly related to Recommendation 7 of the 12 recommendations of the European Commission, which has not been implemented so far.[9] In this regard, the recommendation calls for “stronger efforts to guarantee a free, professional, pluralistic and independent media environment, notably by ensuring that criminal procedures brought against media owners fulfil the highest legal standards, and by launching impartial, effective and timely investigations in cases of threats against the safety of journalists and other media workers.”[10] The European External Action Service also points to the need for criminal proceedings against media owners to comply with the highest legal standards.[11] In this regard, we believe that the release of Nika Gvaramia, the founder of Mtavari TV, would be one of the steps towards implementing the aforementioned recommendation. It is also important to note that a movement has been established for the release of Nika Gvaramia, which unites people from various professions.[12] Various public groups and non-governmental organizations that are members of the Media Advocacy Coalition have appealed to the President to pardon Gvaramia.[13] The Public Defender of Georgia[14] has also appealed to President Salome Zurabishvili to pardon Nika Gvaramia.[15] As of today, Nika Gvaramia remains in prison.

The report issued by the US Department of State [16] highlights that NGOs, opposition parties, and international organizations, including Amnesty International, have considered Nika Gvaramia’s case to be politically motivated.[17] According to the US Embassy, ​​Nika Gvaramia’s imprisonment jeopardizes the clear choice of the Georgian people and the stated goal of Georgia’s leaders for a more secure, democratic and European future.[18]

In addition, international NGOs[19] note that Nika Gvaramia’s imprisonment, which places Georgia on the list of repressive, authoritarian states in post-Soviet Eurasia, damages the country’s reputation.[20]

The undersigned organizations call on:

the Supreme Court of Georgia to promptly, objectively, and impartially consider the criminal case against Nika Gvaramia;

the President of Georgia, in accordance with the recommendations of the European Commission and the assessments of international and local organizations and the Public Defender, to pardon Nika Gvaramia.

Signatory organizations:

Georgian Young Lawyers’ Association

Human Rights Center

Media Institute

Women Engage for a Common Future (WECF) - Georgia

Georgian Court Watch

Transparency International - Georgia

Democracy Defenders

International Society for Fair Elections and Democracy (ISFED)

Georgian Democracy Initiative (GDI)

Green Alternative Association

Soviet Past Research Laboratory

Democracy Research Institute (DRI)

Democracy Index - Georgia (DIG)

Open Society Georgia Foundation

Social Justice Center

Institute for Development of Freedom of Information (IDFI)

Partnership for Human Rights (PHR)

Rights Georgia

Tolerance and Diversity Institute (TDI)

Sapari

Civic IDEA

Civic Solidarity Foundation

NGO Neogeni

Charter of Journalistic Ethics

Legal Education Foundation

News agency FirstNews.ge

Women's Initiatives Supporting Group (WISG)

Georgia’s Reforms Associates (GRASS)

Women's Association “Gvirila”

Nika Gvaramia Freedom Movement

Georgian Alliance of Regional Broadcasters - GARB

Journalism Resource Center - JRC

Media and Communication Educational and Research Center "Mediaakhma"

Media Ombudsman

Caucasus Open Space (COS)

Atlantic Council of Georgia

Women for Regional Development

[1] The court ruling in the so-called Rustavi 2 case, Tbilisi City Court website, 16.05.22, available at: https://tcc.court.ge/ka/Decision/e-w---rusTavi-2--is-saqmeze-sasamarTlom-ganacheni-daadgina  [updated: 27.04.2023]

 [2] Tbilisi City Court reclassified the charge of misappropriation or embezzlement (Article 182, parts 2 (a, d) and 3 (b) of the Criminal Code) filed against Nika Gvaramia to Article 220 of the Criminal Code, which pertains to abuse of authority, and also found him guilty in the so-called car episode on the basis of the same article, and ultimately the form and length of the sentence was determined as 3 years and 6 months of imprisonment. Nika Gvaramia has been cleared of other charges.

 [3] Public Defender’s 2022 Report on Human Rights and Freedoms in Georgia, p.121, available at: https://www.ombudsman.ge/res/docs/2023033120380187763.pdf [updated: 27.04.2023].

 [4] In particular, it was revealed during the court hearings that the judge hearing the case was a childhood friend of the director of the holding company that owns the Rustavi 2 TV company, Z. G. Accordingly, he, as the director of the holding company, has a direct financial interest in the outcome of the case. The judge did not immediately recuse himself when he learned that the case concerned Rustavi 2 and that Z. G. was on the prosecution's witness list. Later, the defence also filed a motion to recuse the judge for the above reason. Evidence was also presented at the trial confirming the close friendship between the judge and Z. G., which the judge did not deny himself. Among other things, it was clear from the evidence that they had close communication even during the course of the case. Despite this, the judge did not recuse himself. Although the law does not directly indicate the circumstances of mandatory recusal in similar cases, it does stipulate that a judge cannot participate in criminal proceedings if there are circumstances that cast doubt on his objectivity and impartiality. In addition, according to the Rules of Judicial Ethics of Georgia, judges must inspire public confidence in the independence, fairness and impartiality of the judiciary, and judges are prohibited from privately meeting with the parties to the proceedings or persons interested in the case or from communicating with them in any other form in or outside the court, from the moment the case is brought to the court until the court decision on the case enters into legal force. The above-mentioned circumstances raised doubts about the objectivity and impartiality of the judge. See the GYLA statement: The judgement against Nika Gvaramia is illegal and politically motivated, website of the Georgian Young Lawyers’ Association, 16.05.22, available at:

https://www.gyla.ge/ge/post/nika-gvaramias-mimart-gamotanili-ganacheni-ukanono-da-politikurad-motivirebulia [updated: 27.04.2023].

[5] GYLA considers the judgement in the case of Nika Gvaramia to be unfounded, Georgian Young Lawyers' Association, 03.06.2022, available at: https://bit.ly/3oHbddL [updated: 27.04.2023].

 [6] In particular, considering the legislation and international practice/standards, even a harmful decision made by the director of an enterprise can be subject to criminal and even corporate liability only in exceptional cases. The director’s decision, even if it implies receiving less profit, may serve the best interests of the corporation and provide insurance against short or long-term risks. See: The judgement in the Nika Gvaramia case is unfounded according to the assessment of the Georgian Young Lawyers’ Association, 03.06.2022, available at: https://bit.ly/3oHbddL [updated: 27.04.2023].

 [7] Court of Appeal leaves Nika Gvaramia in prison, Radio Liberty, 02.11.22, available at: https://www.radiotavisupleba.ge/a/32111762.html  [updated 27.04.2023].

[8] Who is the judge in Nika Gvaramia's case in the Supreme Court and why is the start of the cassation case being delayed, Mtavari TV website, 27.03.2023, available at: https://mtavari.tv/news/117565-vin-aris-nika-gvaramias-sakmis-mosamartle  [updated: 27.04.2023].

 [9] Statusmetre - How Georgia is progressing towards fulfilling the 12 conditions of the European Commission, 2023, available at: https://osgf.ge/statusmetri-rogor-midis-saqartvelo-evrokomisiis-12-pirobis-shesrulebisken/?fbclid=IwAR2-2OkDFgSli9Dyh5AMve0VwXwlnv-6jndQW3KC-5xn5xUNc5wU1wta9bc  [updated: 27.04.2023].

[10] Ibid. 25.

[11] Georgia: Statement by the Spokesperson on the verdict by the Tbilisi Court of Appeal, in the case of Mr Gvaramia, Delegation of the European Union to the Council of Europe, 02.11.2022 avaliable: https://www.eeas.europa.eu/eeas/georgia-statement-spokesperson-verdict-tbilisi-court-appeal-case-mr-gvaramia_en?s=51  [updated 27.04.2023].

[12] A new movement has been established for the release of Nika Gvaramia, Formula website, 16.02.2023, available: https://formulanews.ge/News/85302  [updated 27.04.2023].

[13]  Media Advocacy member organizations appeal to the President to pardon Gvaramia, Formula website, 16.06.2022, available at: https://formulanews.ge/News/72616  [updated 27.04.2023].

[14] Based on the fact that the judgement issued by Tbilisi City Court against Nika Gvaramia, in the opinion of the Public Defender, was a gross violation of the principle of legality and the reasonableness standard enshrined in the Constitution, national and international legislation; on the basis of Article 21, subparagraph “t”, of the Organic Law of Georgia on the Public Defender of Georgia.

 [15] Results of the examination of the judgement against Nika Gvaramia by the Public Defender, Public Defender’s website, 08.06.2022, available at: https://ombudsman.ge/geo/akhali-ambebi/sakhalkho-damtsvelis-shemotsmebis-shedegebi-nika-gvaramias-ganachentan-dakavshirebit [updated: 27.04.2023].

 [16] U.S. DEPARTMENT of STATE, GEORGIA 2022 HUMAN RIGHTS REPORT, available: https://bit.ly/3HecDCT [updated: 27.04.2023].

[17] The report of the US Department of State also includes the Gvaramia and Kezerashvili cases, News. On.ge, 20.03.23, available: https://bit.ly/3L8gG57 [updated: 27.04.2023].

[18] Statement by the US Embassy Tbilisi, Georgia, Facebook page, 02.11.2012, available at:

 https://www.facebook.com/usingeo/posts/512203304282941 [updated: 27.04.2023].

[19] Including the Committee to Protect Journalists (CPJ), Article 19, Association of European Journalists (AEJ), European Centre for Press and Media Freedom (ECPMF), European Federation of Journalists (EFJ), Human Rights Watch, Justice for Journalists Foundation, Index on Censorship, International Press Institute (IPI), PEN International, Reporters Without Borders (RSF).

[20] International organizations call on Georgian President to release Nika Gvaramia, Interpressnews, 20.04.23, available at: https://bit.ly/3n8H5I2 [updated: 27.04.2023].