Badri Japaridze: If the court grants the claim, the policy of "not provoking" Russia will become a constitutional obligation; this means that criticizing the occupier will be deemed sabotage - an unconstitutional act
Should the Constitutional Court grant the claim, the policy of "not provoking" Russia will become a constitutional obligation. This implies that criticizing the occupier will be classified as sabotage—a provocation of Russian aggression—and, consequently, as unconstitutional. This statement was made by Badri Japaridze, one of the leaders of "Lelo – Strong Georgia," during the presentation of the respondent's arguments at the Constitutional Court.
As Japaridze noted, the court's decision could serve as a pivotal legal argument in the hands of Russia.
"I would like to address another, particularly dangerous aspect of this lawsuit: Georgia’s sovereignty and territorial integrity. Beyond the demand to ban political parties, this lawsuit harbors an equally grave threat—it advances a line of reasoning suggesting that Georgia itself laid the groundwork for Russia’s 2008 aggression. This is an attempt to shift responsibility from the aggressor to the victim! Should the Constitutional Court endorse this argument, it could establish a dangerous, capitulatory precedent.
If the Constitutional Court grants this claim, a policy of 'not provoking' Russia would effectively become a constitutional obligation. This implies that criticizing the occupier would be classified as sabotage—as a provocation of Russian aggression—and, consequently, as unconstitutional. It further implies that Georgia’s foreign policy and its Euro-Atlantic trajectory would be deemed a threat—a provocation against Russia—and, therefore, unconstitutional. This is a highly dangerous game to play with the Constitution! Article 78 of the Constitution of Georgia mandates that state bodies ensure the country’s European and Euro-Atlantic integration. This is the constitutional choice of the Georgian people—not a matter for the Kremlin to decide. For this very reason, I urge the Constitutional Court to fully embrace its responsibility in this regard and to reject the claim, ensuring that the internationally established principles concerning Georgia’s territorial integrity and the non-recognition of its occupied territories are never put at risk.
The decision of this Court could become a pivotal legal argument in the hands of Russia; no state institution in Georgia has the right to create such a risk—let alone legitimize it at the constitutional level!" stated Badri Japaridze.
