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Georgian Court Judged Abkhaz High Ranking Officials

12.03.2008
Sokhumi City Court judged the officials of the Abkhazian de-facto government for having restricted the freedom and for having tortured of Levan Mamasakhlisi on ethnic grounds. However, Abkhazian officials did not attend the trial.

Levan Mamasakhlisi, IDP and student of Sokhumi Branch of the Tbilisi State University visited his mother in Bichvinta on August 7 2001. While there a home made explosive device exploded in the bathroom. Mamasakhlisi was badly injured and he was operated on at Gagra Hospital. 2 to 4 fingers of his left hand had to be amputated.

According to the Georgian Supreme Court on August 10 2001 Afrikan Mganba and Vakhtang Ubiria, public officials of the Abkhazian de-facto Security Service Department agreed to take advantage of the incident and expose Levan Mamasakhlisi as a terrorist and illegally restrict his freedom. They arrived at the Gagra Hospital on the same day and threatened, beat and insulted Levan mamasakhlisi to plead that he worked in the Georgian Security Service Department; that he was a traitor and had plotted to carryout a terrorist act; how he had illegally possessed and transported weapon and had illegally crossed the border. Mamasakhlisi was forced to plead that he intended to explode resort-houses in Abkhazian territory. He had to choose between pleading as charged as the Abkhazian officials had threatened him to lock in the prison where he would stay till he died. As they could not achieve their goal, Mamasakhlisi was taken to the isolator of Sokhumi Security Department where he was forced to make the above-mentioned testimony. Doctors were not allowed to meet the detainee.

On February 15 2002 Abkhazian de-facto Court, with R. Mushba as the chairperson, sentenced Levan Mamasakhlisi for 12-year-imprisonment based on the mediation of the Prosecutor Machach Oghli and the accused was arbitrarily confined to prison.

Levan Mamsakhlisi was now completely isolated; his cell did not have electricity and the window was covered with an iron plate. There were rats, scorpions and cockroaches in the cell with him. He was badly supplied with water and food; he was not even provided with minimal hygiene conditions. There were many days when he was neither provided with food nor water.

Levan Mamasakhlisi spent seven months in the isolator and during the first three months he went nearly blind. He was continuously interrogated, threatened and tortured. He was treated in this way because he was Georgian-he was often reminded that Georgian people will never again live in Abkhazia.

Mganba and Ubiria threatened him with death. Several times Levan Mamasakhlisi was taken to be shot but finally law enforcers changed their minds at the last instance.

Finally, after he was released, Levan Mamasakhlisi was examined at the psycho-rehabilitation center “Empatia” in Tbilisi. The final conclusion of the center states that “because of inhuman treatment and inaccessibility of timely and adequate service Levan Mamasakhlisi, had been a victim of torture, inhuman treatment and cruel punishment. He had been placed under conditions that threatened his life and health. Practically, he was helpless, could not take care of himself but despite that he was not taken to the hospital; he remained in unbearable conditions of the prison.”

The conclusion of the medical expertise states that Levan Mamasakhlisi has a nervous breakdown that is a typical reaction of the prolonged torture and inhuman treatment and punishment. Medicals concluded that he must undergo long-term medical treatment.

Sokhumi District and City Courts, with the participation of the state prosecutor Felix Jalaghonia, discussed the crimes of Afrikan Mganba, Vakhtang Ubiria and Vladimer Nachach Oghli that is envisaged under the Georgian Criminal Procedural Code, Article 126 Paragraph II-d and g 9torture) (edited on July 22 of 1999), and under the Georgian Criminal Procedural Code, Article 143 paragraph II-“a” and “h” (illegal restriction of freedom). Consequently, Afrikan Mganba and Vakhtang Ubiria were sentenced to fourteen-year-imprisonment, Vladimer Nachach Oghli was sent to prison for eight years.

It is the first precedent of judging the illegal activities of the Abkhazian de-facto government. It is a winnable case in the European Court of Human Rights in Strasbourg.

Source: Medianews

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