The lawyers for Levan Khabeishvili, the chairman of the political council of the “National Movement,” who is accused, and opposition politician Murtaz Zodelava, requested the recusal of Judge Fikria Sikturashvili.
As lawyer Giorgi Kondakhishvili explained, it was this judge who issued the detention order for Levan Khabeishvili, which is why she should be recused from the case.
As the lawyers stated, questions arise regarding the judge’s objectivity, since in the order, she emphasizes the negative aspects of Levan Khabeishvili’s personality.
According to the lawyers, the judge’s motivational section “amounts to slandering Levan Khabeishvili.”
“We have reviewed the case materials, and you have a pre-formed position; you cannot be an objective judge. We are to deliberate on the imposition of a preventive measure. You not only have a pre-formed position but have already issued the detention order. In it, you state that the evidence allows you to see signs of a crime.
Additionally, you have made an assessment of Levan’s personal characteristics. You write that, based on Levan Khabeishvili’s personal characteristics, he is dangerous to society,” Kondakhishvili stated, to which the judge told him not to request explanations but to submit the motion, and the lawyer responded that “he was not requesting anything but fixing his position.”
“Aside from the fact that Levan Khabeishvili is being accused of absurd charges, you write that Levan Khabeishvili is dangerous to society based on his behavior and personality – this is already a position. What else is there to discuss? If you remain the judge in this case, it would be an absurd formality – what would there be to deliberate?” Kondakhishvili stated.
Beka Basilaia reminded Judge Fikria Sikturashvili of other decisions she had made, including the order regarding activist Nino Datashvili concerning her forced transfer for psychiatric examination.
“With the decisions you have made in other cases, you are participating in the persecution of people in political opposition to this government,” Beka Basilaia addressed her.
Prosecutor Beka Khunashvili did not agree with the motion. Similarly, the judge did not agree with the defense’s motion and did not recuse herself from the case.
For reference, Levan Khabeishvili is accused of promising a bribe to a public official to commit an illegal act and publicly calling for the overthrow of state authority.
Khabeishvili was charged under the second part of Article 339 of the Criminal Code of Georgia, which pertains to promising a bribe (in the form of money transfer) to a public official so that, in the exercise of official powers and performance of duties, they perform or refrain from performing an action in favor of the bribe-giver.
Additionally, Levan Khabeishvili was charged under Article 317 of the Criminal Code of Georgia, which pertains to publicly calling for the overthrow of state authority.
Murtaz Zodelava is accused of illegally interfering in the activities of an investigator from the State Security Service and attempting to hide Levan Khabeishvili’s mobile phone, for which a court-issued search warrant had been obtained, with the intent to obstruct a comprehensive, complete, and objective investigation.
Murtaz Zodelava was charged under the first part of Article 364 of the Criminal Code, which pertains to illegally interfering in an investigator’s activities in any form with the purpose of obstructing a comprehensive, complete, and objective investigation. This action carries a penalty of up to one year of imprisonment.
The lawyers for Levan Khabeishvili and Murtaz Zodelava requested the recusal of the judge, which was not granted
