The opposition starts impeachment proceedings against the Georgian Prime Minister. What does it mean?

Impeachment of the Prime Minister of Georgia

Political law specialist Vakhushti Menabde explains on social media the possible impeachment procedures of Georgian Prime Minister Irakli Garibashvili and says that impeachment can be initiated on two grounds: violation of the Constitution by the Prime Minister or the existence of signs of criminal offense in his actions.

Opposition parties and NGOs of Georgia are going to initiate impeachment proceedings and investigation against Prime Minister Irakli Garibashvili for abuse of office. This is about the so-called “charter scandal”.

Levan Samushia, a member of the “Lelo” party, states that their party is starting impeachment proceedings against Garibashvili, because, in their opinion, Garibashvili has abused his official powers.

Another opposition party, the National Movement, demands that the Prime Minister be held legally responsible.

The party of former Prime Minister Giorgi Gakharia “For Georgia” demands investigation of possible corruption crime of Garibashvili. In their opinion, the incident is another clear proof of why the government refused to establish an independent anti-corruption bureau.

The non-governmental organizations also demanded an investigation against the Prime Minister and make the relevant documents public.

Vakhushti Menabdeh’s explanation

“Impeachment can be initiated on two grounds: (1) the prime minister’s violation of the Constitution, (2) the existence of signs of criminal offense in his actions.

As far as I can see, the opposition is going the other way. Let’s look at what that means:

• The opposition needs at least 50 deputies;
• They should prepare a document to justify their position and send it to the Constitutional Court;
• The opposition should put forward arguments and provide evidence (as far as it is possible to obtain such evidence with the mechanisms at its disposal), i.e. build a logical chain, showing the validity of its position. However, this is not the standard that, for example, is required of a prosecutor (it is clear that deputies cannot conduct an investigation of such a level and prepare relevant charges as the law enforcement system can do).
• It should be noted that the Constitutional Court does not determine whether the Prime Minister has committed a crime or not. It only answers the question: whether there are signs of a criminal offense in the actions of the Prime Minister;
• Naturally, the finding of signs of a criminal offense in the actions of a person does not require the same evidentiary basis as a conviction. Moreover, the Constitutional Court may give a positive opinion, but this does not mean that a person has actually committed a crime. After such an opinion of the Constitutional Court, a person can be acquitted in criminal proceedings, and there is nothing unnatural in this.

And unlike in the case of the president, there were 76 votes in favor of impeaching the prime minister.”

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What happened

On September 7, 2023, Nino Giorgobiani, the head of the Department of Strategic Communications of the Government of Georgia, published a statement that in August, Prime Minister Irakli Garibashvili and his son took a charter flight to the United States and, according to her, the flight was NOT paid for from the budget.

Later Giorgobiani changed her statement saying that Garibashvili arrived by charter to Europe and from there he flew to the USA on a regular flight.

On September 10 in an interview with TV Pirveli the Head of Georgian Airlines Tamaz Gaiashvili confirmed that his company brought Prime Minister Garibashvili to Germany on a government plane. According to Tamaz Gaiashvili, such an order was received from the State Security Service. Gaiashvili also added that the head of the State Security Service Anzor Chubinidze always “orders” airplanes for the government from them.

Gaiashvili claims that he does not know whether Garibashvili’s visit to Munich was of a personal or official nature, but in the same context he cites one of former President Mikheil Saakashvili’s visits to Germany, during which, according to Gaiashvili, Saakashvili had a nose job.

“He is the Prime Minister of the country, not a factory worker,” Gaiashvili said about Irakli Garibashvili.

The day after the interview, on September 11, the Department of Strategic Communications published another statement accusing Pirveli TV channel of deliberate misinformation.

According to the department’s version, the flight on which the prime minister traveled to Munich was commercial and was not paid for by the state budget.

“The airplane on which the Prime Minister went to Munich is on the balance sheet of the State Security Agency – a legal entity of public law of the special state protection service. The said agency has full right to receive revenues from state and budgetary structures, as well as from non-governmental, commercial and private persons. Such commercial flights have been performed many times already,” the Strategic Communications Department said in a statement.