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Statement of Human Rights Center Regarding the Imprisonment of Zurab “Girchi” Japaridze
23.06.2025
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On June 23, 2025, for disobedience to the request of the investigation commission, Zurab Japaridze was sentenced to 7 months imprisonment and was prohibited to hold a public office for a period of 2 years.
Failure to comply with the request of a parliamentary investigative commission is subject to sanction under both the Administrative Offenses Code and the Criminal Code. In accordance with the Article 1733 of the Administrative Offenses Code of Georgia, non-compliance to the lawful request of the temporary investigation commission of the Parliament of Georgia is punished by a fine amounting to fifty times the minimum wage. Article 349 of the Criminal Code of Georgia has the identical content, which states that non-compliance to the lawful request of the temporary investigation commission of the Parliament of Georgia is punishable by a fine or by imprisonment for up to one year, along with the deprivation of the right to hold office or engage in professional activity for up to three years.
Human Rights Center believes that refusal to appear in front of the temporary investigation commission of the Parliament of Georgia shall not be assessed as a criminal offence. Non-appearance at the commission does not create threat to a public order, for which criminal liability may be a right punishment. Furthermore, the possibility of imposing both administrative and criminal liability for failure to comply with a lawful request of the commission under two different laws creates a high risk of arbitrariness.
Additionally, according to Article 39 of the Criminal Code of Georgia, the purpose of punishment is to restore justice, prevent the commission of new crimes, and facilitate the resocialization of the offender. The purpose of punishment is not to cause physical suffering or degrade human dignity. The offense punishable under Article 349 of the Criminal Code constitutes a less serious crime, for which the prescribed punishment includes either a fine or imprisonment, but not exceeding a term of one year. The sentence of seven months imprisonment imposed on Zurab “Girchi” Japaridze for the offense punishable under Article 349 of the Criminal Code is disproportionate and does not correspond to the purposes and objectives of punishment. It does not serve to restore justice, prevent the commission of new crimes, or support the resocialization of the offender. Even in the event of a conviction, the court should have applied the least severe form and degree of sanction provided under the relevant article.
Accordingly, the conviction sentence against Japaridze issued by Judge Jvebe Nachkebia at the Tbilisi City Court, and imposition of a seven-month prison sentence for this offense, creates the impression of political persecution and revenge. It appears aimed at inflicting physical suffering and degrading the dignity of the individual.
Failure to comply with the request of a parliamentary investigative commission is subject to sanction under both the Administrative Offenses Code and the Criminal Code. In accordance with the Article 1733 of the Administrative Offenses Code of Georgia, non-compliance to the lawful request of the temporary investigation commission of the Parliament of Georgia is punished by a fine amounting to fifty times the minimum wage. Article 349 of the Criminal Code of Georgia has the identical content, which states that non-compliance to the lawful request of the temporary investigation commission of the Parliament of Georgia is punishable by a fine or by imprisonment for up to one year, along with the deprivation of the right to hold office or engage in professional activity for up to three years.
Human Rights Center believes that refusal to appear in front of the temporary investigation commission of the Parliament of Georgia shall not be assessed as a criminal offence. Non-appearance at the commission does not create threat to a public order, for which criminal liability may be a right punishment. Furthermore, the possibility of imposing both administrative and criminal liability for failure to comply with a lawful request of the commission under two different laws creates a high risk of arbitrariness.
Additionally, according to Article 39 of the Criminal Code of Georgia, the purpose of punishment is to restore justice, prevent the commission of new crimes, and facilitate the resocialization of the offender. The purpose of punishment is not to cause physical suffering or degrade human dignity. The offense punishable under Article 349 of the Criminal Code constitutes a less serious crime, for which the prescribed punishment includes either a fine or imprisonment, but not exceeding a term of one year. The sentence of seven months imprisonment imposed on Zurab “Girchi” Japaridze for the offense punishable under Article 349 of the Criminal Code is disproportionate and does not correspond to the purposes and objectives of punishment. It does not serve to restore justice, prevent the commission of new crimes, or support the resocialization of the offender. Even in the event of a conviction, the court should have applied the least severe form and degree of sanction provided under the relevant article.
Accordingly, the conviction sentence against Japaridze issued by Judge Jvebe Nachkebia at the Tbilisi City Court, and imposition of a seven-month prison sentence for this offense, creates the impression of political persecution and revenge. It appears aimed at inflicting physical suffering and degrading the dignity of the individual.
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