The Analysis of the Criminal Case: The Prosecution of Nika Gvaramia
Transparency International Georgia publishes an analysis of Nika Gvaramia's criminal case. Nika Gvaramia's charges are related to the decisions made by him as the Director-General of the Broadcasting Company Rustavi 2.
The review of the case materials as well as consideration of Georgian legislation, court practice, legal doctrine, and the facts of the case has not proved that Nika Gvaramia committed the crime of embezzlement of property rights, commercial bribery, creation and use of the false official document.
Furthermore, the charge of legalization of illegal income levelled against Nika Gvaramia neither contains signs of money laundering crime defined in Article 194 of the Criminal Code nor conforms to its conventional content.
The majority of charges brought against Nika Gvaramia are related to managerial decisions taken by him in 2015. According to the reasoning set out in this document, only in exceptional cases may the taking of risks and certain managerial decisions in the interest of the company by a director become a ground for corporate liability, let alone criminal liability. A director may take risky decisions in the best interests of the company. He must not be held liable only because his decision has not proved successful or profitable for the company.
A proper assessment of circumstances related to the charges against Nika Gvaramia is important for ensuring the rights and freedoms of individuals, as well as for the further development of case law. Therefore, we hope that the court will make a lawful and reasoned decision.