The Tbilisi Court of Appeal partially modified the decision of Gori District Court Judge Levan Darbaidze in the case of Ioseb Babayev, a businessman and activist from Gori who opposes Russian Law. Judge Davit Akhalbedashvili deemed the police search of Babayev's car, during which a firearm was allegedly found, as legal, but ruled the personal search illegal. The Prosecutor's Office demanded the complete annulment of the first instance court's decision and the legal recognition of all investigative actions.
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"Both the personal and car searches took place under the same circumstances. Therefore, if the personal search was illegal, the search of the vehicle should also be considered illegal.
By partially satisfying the prosecutor's complaint, the court effectively recognized as legal the part of the investigative action where a firearm was recovered from the vehicle. Consequently, the prosecutor's office now has grounds to charge Ioseb Babaev and transfer the case to court," said lawyer Aleksi Merabashvili.
Today's session in the Court of Appeal was held without the presence of the parties. According to the lawyer, he does not know what arguments the new judge, Akhalbedashvili, has until the judgment is handed down.
Ioseb Babayev believes that the appellate court succumbed to influence and legitimized illegality. "It is shameful. I’m sad because of this decision. I will fight to the end," he said.
On the evening of June 4, the owner of Resto Bar, Ioseb Babayev, was arrested under Article 236 of the Criminal Code, which pertains to the illegal purchase, storage, and carrying of weapons, and faces up to 2 years in prison. The prosecutor's office could not proceed with charges against him because Judge Levan Darbaidze deemed all police investigative actions illegal and considered the weapon allegedly found in Babayev's car inadmissible evidence. Babayev was released from the temporary detention center on June 6.
Babayev underwent a search conducted in the absence of witnesses other than the police, with no video footage available in the case. Additionally, he sustained bodily injuries and claimed physical assault by the police.
