In 2016, the Senior District Judge Howard Riddle, the Chief Magistrate in London sitting at Westminster Magistrates Court, refused an extradition request made by the Government of Georgia to the United Kingdom in light of criminal allegations, regarding, amongst other things, a defence contract during his time as Georgia's Minister of Defence.
(This followed an earlier attempt by the Government of Georgia to extradite Mr Kezerashvili from France, from which he was discharged by the French Court in February 2014. The independent French prosecutor took the view that she could not support the extradition request on the grounds that she had determined that the prosecutions in Georgia were politically improper and thus extradition would have been contrary to French law.)The English hearing heard that Interpol had previously stated “it would refuse to provide police cooperation to Georgia” because “such co-operation would not conform with article 3 of [Interpol’s] constitution” and that “there are concerns over the political motivation or prosecutions, and an alleged lack of due process in the context of pre-trial detention.”
In dismissing the extradition request, the judge stated that witnesses on Mr Kezerashvili's behalf were “persuasive and moving” and that the “defence has provided live and credible evidence that casts considerable doubt over the basis of the case against Mr Kezerashvili.
During the proceedings, overseas defence contractors gave evidence on Mr Kezerashvili's behalf that the training services connected to the disputed contract had indeed been provided and had "saved lives" in the subsequent invasion by Russian forces in 2008.
The court found this evidence persuasive and rejected the extradition request determining the request (although purporting to be made on account of [an] extradition offence) was in fact made for the purpose of prosecuting Mr Kezerashvili or punishing him on account of (i) his political opinions and specifically it was “more likely than not that the desire to prosecute former UNM politicians [was] a purpose behind [the] requests”; and (ii) there was “a reasonable chance, a serious possibility, that [Mr Kezerashvili’s] liberty will be restricted (and in particular that he may be detained in pre-trial detention) because of a flawed prosecution process motivated by a desire to obtain a conviction of a UNM politician, or by a desire to obtain evidence from Mr Kezerashvili that can be used against senior former colleagues.”
Notably, the Georgian government did not appeal the finding of the Chief Magistrate.