At the ad hoc session of the Parliament held on 30 July 2013, Ucha Nanuashvili, the Ombudsman of Georgia, presented to deputies the annual report on the Situation of Human Rights and Freedoms. Presenting the report he declared: ”In 2010 Tbilisi City Court heard 26 thousand Criminal, Administrative and Civil Law cases. Only three of them resulted in an acquittal of a defendant.”FactCheck
inquired about the statement of the Ombudsman and decided to check its accuracy.
The official letter, requested from Tbilisi City Court, shows the statistical data of 2010, according to which, in 2010 at Tbilisi City Court:
- Administrative Cases Panel discussed 6 858 administrative claims, 3 350 of which have been upheld;
- Civil Cases Panel discussed 13 256 civil claims, 6 549 of which have been upheld;
- Criminal Cases Panel discussed 7 945 criminal cases, 6 738 were settled by a plea bargain. Actual hearings were held for 1 114 cases, defendants were completely acquitted in three, while partially acquitted in 19 cases.
Examining the aforementioned information we learn that Tbilisi City Court discussed 26 852 cases in total. It is crucial to make a clear distinction between approving a claim and an acquittal. Defendants are acquitted or convicted by the court in criminal cases, while a claim can be upheld only in administrative and civil cases.
In 2010 Criminal Cases Panel discussed 7 945 criminal cases, the actual hearings were held for 1 114 of those and only three defendants were completely acquitted by the court. 6 738 cases were settled by plea bargain. Remaining 20 114 cases, from the total of 26 852 are administrative and civil cases. Consequently, in order to calculate the rate of acquittals, only 1 114 Criminal cases should be counted and not the total of 26 852 cases.Accordingly, we conclude that Ucha Nanuashvili’s statement: “In 2010 Tbilisi City Court heard 26 thousand Criminal, Administrative and Civil Law cases. Only three of them resulted in an acquittal of a defendant” is HALF TRUE.