The Chief Prosecutor of Georgia Archil Kbilashvili stated on live TV that the former First Deputy Interior Minister Gela Khvedelidze was abroad. On 15 May, 2013 the Tbilisi City Court released Gela Khvedelidze after he had paid a GEL 5,000 bail out as a preventive measure. He is accused of committing the crime which falls under Article 157 of the Criminal Code: infringement upon a private or family secret.

Pursuant to the Criminal Procedure Code, bail is a type of preventive measure used to ensure either that a defendant does not avoid appearing in court, that his/her further criminal activities are prevented, or that a verdict is enforced. Usually, those released on bail are also restricted in their freedom to exit the country.

The fact of Gela Khvedelidze leaving the country would not be considered a breach of bail terms if competent agencies had given their permission. There are strong doubts, however, as to whether this is indeed the case here.

Representatives of the Prosecutor's Office had requested a preventive measure against Gela Khvedelidze, indicating there was a reasonable assumption that the defendant would either flee, not appear in court, destroy essential information for the case, or commit a new crime. It is unclear why the Prosecutor's Office has now allowed Gela Khvedelidze to leave the country while simultaneously requesting a preventive measure against him. No similar circumstances have been reported in previous cases of high public interest.

We urge the country's law-enforcement agencies to be consistent in their activities. They should avoid making decisions which give rise to suspicions as to whether the law is being applied selectively towards certain defendants.