საზოგადოება

ზაზა ხატიაშვილი: „მსგავსი საშინელება ძნელად წარმოსადგენია“

ადვოკატთა ასოციაციის თავმჯდომარე – ზაზა ხატიაშვილი  სასამართლოს რეფორმის მესამე ტალღასთან დაკავშირებით განცხადებას აქვეყნებს:

“სასამართლოს სრული „მურუსიზაცია“ საქართველოს პარლამენტმა, კანონპროექტი სასამართლოს მესამე ტალღასთან მიმართებაში სამი მოსმენით მიიღო, რომლის მსგავსი საშინელება ძნელად წარმოსადგენია. ჟურნალისტთა კორპუსი თუ არ დამიდგებით გვერდით, საქართველოში საბოლოოდ გაფორმდება სასამართლო სისტემის ,,მურუსიზაცია“.

პატივცემულო ჟურანალისტებო, მინდა შეგახსენოთ საქართველოს „ბედნიერი“ იუსტიციის მინისტრის ბრიფინგი და განცხადებები სასამართლოს რეფორმის მესამე ტალღასთან მიმართებაში. კერძოდ, წულუკიანი აცხადებდა, რომ მოხდებოდა სასამართლოს თავმჯდომარეების არჩევა, რაც სასამართლოს დამოუკიდებლობას გაამყარებდა. პატიოსან, მიუკერძოებელ, თავისუფალ ჟურნალისტთა კორპუსს მოგმართავთ თხოვნით, გამოაქვეყნოთ წულუკიანის ორი წლის წინანდელი სატალევიზიო გამოსვლები, სასამართლოს თავმჯდომარეების არჩევითობასთან დაკავშირებით და საკონსტიტუციო უმრავლესობის მიერ მიღებულ კანონპროექტს შეადაროთ, რომელსაც საქართველოს პრეზიდენტმა თუ არ დაადო ვეტო, ამ ქვეყნის სამართლებრივი განვითარების 1 % შანსიც აღარ დაგვრჩება. ადვოკატთა ასოციაციის თავჯდომარე ვაცხადებდი, რომ არ იქნებოდა არანაირი სასამართლოს რეფორმის მესამე ტალღა, ხელსუფლება გარიგებული იყო მურუსიძეებთან, მაგრამ არავინ დამიჯერა. როგორ არ დამიჯერა, როდესაც სამოქალაქო საზოგადოებისგან გვერდში დგომას ვითხოვდი, რათა სასამართლოს სისტემაში ხელმეორედ არ არჩეულიყო ლევან მურუსიძე. ვამტკიცებდი, რომ ,,ქართული ოცნების” მიერ არჩეული იუსტიციის საბჭოს წევრები ევა გოცირიძე, კახა სოფრომაძე და ვახტანგ თორდია ლევან მურუსიძის სასამართლო სისტემაში დატოვებას მისცემდნენ ხმას, რაც 100 პრიცენტით გამართლდა. სამოქალაქო საზოგადოება ამტკიცებდა, რომ ამას ივანიშვილი არ იკადრებდა. ლევან მურუსიძის არჩევის შემდეგ, მთელი საქართველო უნდა მიმხვდარიყო ერთ ჭეშმარიტებას, რომ ზაზა ხატიაშვილი არ იტყუებოდა, მაგრამ იტყუებოდა ბიძინა ივანიშვილის ხელისუფლება. ჩემი შეფასებით, პარლამენტის მიერ მიღებული კანონპროექტის მიხედვით, პოლიტიკური გარიგების საფუძველზე, პარლამეტნმა უარი თქვა მესამე ტალღის იმ ერთ-ერთ ყველაზე დიდ ნოვაციაზე, რომელიც ითვალისწინებთა სასამართლოს თავმჯდომარეთა არჩევითობას. შესაბამისად, ამ ნაწილში სრულად იქნა შენარჩუნებული თავმჯდომარეების დანიშვნის მანკიერი მექანიზმი.

დღეისათვის არ არსებობს თავმჯდომარის შერჩევის რაიმე კრიტერიუმები ან პროცედურები და საბჭო სრული დისკრეციით სარგებლობს. კანონპროექტის თანახმად, არ არის მითითებული, სასამართლოს თავმჯდომარე რამდენჯერ შეიძლება იყოს არჩეული თანამდებობაზე, რაც მიუთითებს, რომ „მურუსიძეებს“ მივიღებთ სასამართლოს თავმჯდომარეებად მთელი სიცოცხლის მანძილზე. ყველაზე დიდი საშინელება რაც ჩაიდინა პარლამენტმა არის ის, რომ იუსტიციის უმაღლესი საბჭო, მოქმედი ცვლილებების გათვალისწინებით, დაკომპლექტდება სასამართლოს თავმჯდომარეებით. დღეს მოქმედი კანონის თანახმად, „საქართველოს მოსამართლეთა კონფერენციის მიერ არჩეულ წევრთაგან სამზე მეტი არ შეიძლება იყოს კოლეგიის ან პალატის თავმჯდომარე.“ მიღებული ცვლილებების თანახმად „მურუსიძეები“ იღებენ დამატებით ადგილებს იუსტიციის უმაღლეს საბჭოში. კერძოდ, საქართველოს მოსამართლეთა კონფერენციის მიერ არჩეულ წევრთაგან ნახევარი შეიძლება იყოს კოლეგიის, პალატის ან სასამართლოს თავმჯდომარე/თავმჯდომარის პირველი მოადგილე/მოადგილე.“ აქ უკვე ჩანს კანონმდებლის მიზანი, რომ სასამართლოს თავმჯდომარეები იუსტიციის უმაღლეს საბჭოშიც იქნან წარმოდგენილი.

სასამართლო რეფორმის პირველი ტალღით, სასამართლოს თავმჯდომარეებს აეკრძალათ ჰქონდეთ იუსტიციის უმაღლესი საბჭოს წევრობა და ეს მიჩნეული იყო სასამართლოს დამოუკიდებლობისკენ გადადგმულ ნაბიჯად. ჩემი შეფასებით, პოლიტიკური გარიგების შემდეგ, ვინაიდან მოქმედი თავმჯდომარეები პოლიტიკურად უფრო მისაღები გახდნენ, ხელისუფლებამ მიიღო მათი თანამდებობაზე დატოვების გადაწყვეტილება. აქ ასევე გასათვალისწინებელია კანონის 65-ე მუხლის მე-3 პუნქტი, რომლის თანახმად: საქართველოს მოსამართლეთა კონფერენცია ცალკე უყრის კენჭს საქართველოს იუსტიციის უმაღლესი საბჭოს წევრობის კანდიდატებს იმ მოსამართლე წევრის თანამდებობაზე, რომლებიც, ამ კანონის 47-ე მუხლის მე-4 პუნქტის თანახმად, უფლებამოსილი არიან, საბჭოს წევრის თანამდებობასთან ერთად შეითავსონ სასამართლოს თავმჯდომარის, მისი პირველი მოადგილის ან მოადგილის, სასამართლო კოლეგიის ან პალატის თავმჯდომარის თანამდებობა, მაშასადამე, სასამართლოს, კოლეგიების და პალატების თავმჯდომარეებს უკვე დაკანონებული ექნებათ იუსტიციის საბჭოს ძალაუფლების ნახევარი. გავიხსენოთ თუ როგორ ირჩევიან ისინი: მათ ირჩევს იუსტიციის უმაღლესი საბჭო დისკრეციულად. სამოქალაქო საზოგადოებას შევახენებ, რომ იუსტიციის უმაღლესი საბჭოს წევრმა ევა გოცირიძემ ჩემთან პირდაპირ ეთერში აღიარა, რომ ლევან მურუსიძის ხელახალი არჩევის შესახებ გადაწყვეტილება წინასწარ ჰქონდათ მიღებული და საბჭოსთან იყო შეთანხმებული, მაშინ როდესაც, კანონი ითვალისწინებს ფარულ არჩევნების ჩატარებას. მაშასადამე ვღებულობთ ასეთ სისტემას: იუსტიციის უმაღლესი საბჭო დისკრეციულად ნიშნავს თავმჯდომარეებს, ხოლო ისინი შემდეგ აკომპლექტებენ საბჭოს ნახევარს: ამის შემდეგ რომელ თვითმმართველობაზე შეიძლება იყოს საუბარი? და ბოლოს, წულუკიანის დაპირება დამოუკიდებელი ინსპექტორის ინსტიტუტის შემოღება. კანონპროექტის თანახმად, მოსამართლის სავარაუდო დისციპლინური გადაცდომის ობიექტური, მიუკერძოებელი და სრულყოფილი გამოკვლევისა და წინასწარი შემოწმების ჩატარების მიზნით, საქართველოს იუსტიციის უმაღლეს საბჭოში იქმნება დამოუკიდებელი ინსპექტორის სამსახური, რომელსაც ხელმძღვანელობს დამოუკიდებელი ინსპექტორი. მოქმედი კანონპრიექტის თანახმად ლევან მურუსიძეს და მის იუსტიციის უმაღლეს საბჭოს აძლევენ უფლებას, კონკურსის საფუძველზე აირჩიონ დამოუკიდებელი ინსპექტორი. ისმის უბრალო კითხვა, ლევან მურუსიძის და ამ იუსტიციის საბჭოს მიერ არჩეული დამოუკიდებელი ინსპექტორი რანაირად იქნება დამოუკიდებელი? სავარაუდოდ, იუსტიციის უმაღლესი საბჭო დამოუკიდებელი ინსპექტორის თანამდებობაზე „პატარა მურუსიძეს“ შეარჩევს, რომელიც „მურუსიძიეების“ გავლენის ქვეშ იქნება. საკონსტიტუციო უმრავლესობის მქონე ,,ქართული ოცნება“, გვაიმედებდა საკონსტიტუციო უმრავლესობა იმიტომ მჭირდება, დანაპირები აგისრულოთო, მათი დანაპირების პირველი ნაწილი მართლაც სრულდება, ხდება სასამართლო სისტემის სრული მურუსიზაცია. ,,ქართული ოცნება“ უარს ამბობს დამოუკიდებელი ინსპექტორი აირჩიოს პარლამენტმა, რაც მურუსიძეებთან პოლიტიკურ გარიგებაზე მიუთითებს. ტყუილად კი არ გვაფრთხილებდა „დიადი ბიძინა“, თავი დაგვენებებინა ლევან მურუსიძისთვის. აღნიშნული საკანონმდებლო ცვლილებები მიუთითებენ, რომ სააკაშვილის რეჟიმის, სავარაუდოდ, დამნაშავე მოსამართლეები იღებენ პოლიტიკურ ხელშეუხებლობას ივანიშვილის ხელისუფელბის მხრიდან, რაც ქვეყანაში ანადგურებს ოცნებას სამართლიან სასამართლოზე.

2017 წელს ცერცვაძეს და ჩინჩალაძეს სამოსამართლეო ვადა ეწურებათ. მათ, ამ ქვეყანაში, ადეიშვილთან და კუბლაშვილთან ერთად საშინელი სასამართლო სისტემა შექმნეს. განხორციელებული ცვლილებებით ჩინჩალაძეც და ცერცვაძეც სავარაუდოდ სასამართლო სისტემაში გადაინიშნებიან, რაც ეტყობა, ასევე არის პოლიტიკური შეთანხმების საგანი „ქართულ ოცნებასა“ და „მურსიძეებს“ შორის.

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513 Comments

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