Portal for people with disabilities|

Online support

With Assistant of the Lawyer Irma Inasaridze, Person Accused of Illegal Crossing of the Border Was Acquitted

With effort of the LAS Tbilisi Bureau lawyer, Irma Inasaridze, Paata Kh. who was convicted of an attempt of illegal crossing of Georgia-Armenia state border, was acquitted by the Supreme Court.

Tbilisi City Court and the Appellate Court of Tbilisi found Paata Kh. guilty in an illegal attempt of crossing of Georgia-Armenia state border in Sadakhlo village, Marneuli district. He was sentenced to restriction of liberty with the term of 4 years. The public lawyer, Irma Inasaridze, appealed this decision in the Court of Cassation.

While examining the case at the Supreme Court, the defense party made focus on the discrepancies which existed between the evidences of the case. Namely, the state border guards indicated that while patrolling the borderline, they saw two persons one of which tried to escape and cross the border when seeing the border guard. However, both of them, the witness Rustam N. and the convict Paata Kh. told that the border guard came up to them while they were speaking about opportunities of the temporary employment in Sadahklo village.  Moreover, Rustam N. stated that, Paata Kh. did not express his intention to cross the border line.

Despite of the fact that according to the evidences of the prosecution it was clear that Paata Kh. was refused to cross the borderline several times the Supreme Court considered these facts were not reliable. On the bases of the notice of the Ministry of Home Affairs, Paata Kh. had legally crossed the state borderline previously.

Finally, basing on the part 3 of article 40 of the Constitution of Georgia and the explanation of the Constitutional Court that it is inadmissible to convict a person on the basis of unreliable charges, the Supreme Court satisfied the lawsuit of Irma Inasaridze, annulled the decision of the Appellate Court and rendered a verdict of acquittal for Paata Kh.