Judge Orders Restraint of Protest Participants Without Prosecutor's Request

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Judge Ivane Kifiani

At the court session, the prosecutor requested a restraining order for only one participant in the Chiatura protest, but the judge granted it to all three defendants. Among many arguments, this is the primary reason why the lawyer appealed the decision to the Court of Appeal and requested its cancellation.

"What the prosecutor stated at the session was that he only requested bail of 2000 GEL for Roman Megrelishvili as a preventive measure. He did not request any restraining measures against Giorgi Neparidze and Malkhaz Labadze. However, at the session, without the prosecutor's request, the judge arbitrarily imposed bail of 1000 GEL each on all three defendants as a preventive measure. The defense believes that the restraining order against Giorgi Neparidze and Malkhaz Labadze is entirely unlawful, and that the measure against Roman Megrelishvili is applied without any grounds," says Vladimer Kutateladze, lawyer of the Civil Activities Center.

The complete video recording of the proceedings confirms that the prosecutor did not file a motion to impose a restraining order against Neparidze and Labadze at the hearing.

In Chiatura, the public prosecutor's office has charged the three participants of the ongoing protest at the Korokhnali mine under Article 226, which pertains to disrupting the work of the enterprise by organizing a group action. This crime is punishable by a fine or up to three years of imprisonment.

"Since March 2024, Giorgi Neparidze, Malkhaz Labadze, and Roman Megrelishvili, along with others, have organized a group action and picketed the underground mines of Korokhnali and Shukruti, which belong to Magharoeli LLC. Specifically, they have positioned themselves in front of the mine entrances, preventing workers from entering and working in the mines. On July 21, 2024, between 07:25 and 08:00, Giorgi Neparidze, Malkhaz Labadze, and Roman Megrelishvili closed the metal entrance door to the area with a metal wire, chain, and padlock after the ventilation system driver exited the ventilation building at the Shukruti mine. As a result, the duty driver for the new shift was unable to enter the building, and this situation persisted until July 31, 2024. Through this action, they intentionally disrupted the operation of the ventilation system, which is crucial for the operation of the underground mines. This disruption could lead to the rotting of fastening materials in the mines, damage to electrical equipment, collapse of mining masses, and paralysis of the entire underground mining operations," the indictment states.

Giorgi Neparidze, Malkhaz Labadze, and Roman Megrelishvili deny the accusation.

For 146 days, more than 30 families living in Shukruti have been holding an ongoing protest near the Korokhnali mine. Their sole request is for the company to report the damages caused to these residents as a result of manganese mining to the National Bureau of Forensic Expertise, rather than to its own audit, and to provide compensation.

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