Un-imprisoned Detainees in Shida Kartli

Saba Tsitsikashvili, Shida Kartli

After Coalition Georgian Dream came in power, with the motive of restoring justice in the country, detention of senior officials started in Shida Kartli region like in many other regions of Georgia. According to Human Rights Center’s information, bail was imposed on every detainee related with the National Movement as a preventive measure. In some cases, detainees were released without imposing charges on them. It is remarkable that among recently detained people was Georgian Dream’s member.

Detention 1

Shida Kartli police initially detained and then released him without imposing any charge on Giorgi Beruashvili, head of Kareli district youth branch of the Georgian Dream. The case did not reach court. Press-center of the Supreme Court noted that this person is not in their data base at all.

However, police spread noisy press-release about Beruashvili’s detention. Namely, on November 6, 2012 MIA press-center repeated that officers of criminal police department detained Giorgi Beruashvili, head of Kareli district youth branch of the Georgian Dream. The press-release stated that Giorgi Beruashvili, the head of the youth wing of “Georgian Dream” coalition, has extorted 1000 EU from Tamaz Khizanishvili and Ioseb Khizanishvili by swindling. In exchange for money Beruashvili promised to employ them either at the Ministry of Internal Affairs, Military Police or the Ministry of Refugees and Resettlement.

Detention 2

On December 7, 2012 Gori district court bailed Nukri Abalaki, head of infrastructure service of the Gori district administration, with 10 000 lari.

Prosecutor’s Office reported that Abalaki had abused his official authority occupying the position of head of state property registration and privatization regional department of Shida Kartli: “Namely, on May 24, 2007, through breaching the law, regardless expired lease agreement, [Nukri Abalaki] sold 18.5 hectares of agricultural plot in Bebnisi village of Khashuri district to T. Dz. by granting privilege to the purchaser and in doing so, [Abalaki] violated legal interests of the state.”

Additionally, according to the prosecutor’s office, on September 30, 2008 [Nukri Abalaki] again abused his power and sold 7.3 hectares of agricultural land to L.G. former director of Station for Selection and Species Testing, in Kheltubani village. Before that, the station had leased this plot from the state but at the moment of procurement, the station was already liquidated. The case is being investigated.”

Lawyer Nino Shavshishvili clarified that nobody has sued Nukri Abalaki on aforementioned cases. She said, Financial Police started discussion of a complaint filed by a citizen several years ago and then they moved to another case. “As far as I know, Financial Police was studying completely different case and complaint and they were not related with Nukri Abalaki at all. During the process, they got hold of materials on Bebnisi and Kheltubani villages and decided that those procurements were illegal,” said the lawyer.

Nino Shavshishvili: “The prosecutor requested pretrial detention but we did not agree. Prosecutor’s Office argues about the facts from 2007-2008. Nukri Abalaki confirmed this fact but did not agree with the violation of Article 332 as alleged by prosecutor’s office. Abalaki said a lot of documents were submitted to his department at that time; he signed the documents without thoroughly studying all of them. He also clarified that he had not acted on purpose. We solicited to the court to bail him with 3 000 lari but judge imposed 10 000 lari. During essential discussion of the case, we will try to verify our arguments at the trial.”

Detention 3

Judge Davit Mgeliashvili at Gori district court bailed detainee Grigol Gotsiridze (member of Kaspi municipal board and director of the department for public services and amenities) with 5 000 lari. Prosecutor Kakha Muradashvili had requested this amount of bail. Officers of Shida Kartli regional police detained Girgol Gotsiridze near Okami village. On December 10, 2012 he was charged under Article 260 Part II of the Criminal Code of Georgia – purchase-storage of narcotic substance.

On December 11, when court was discussing Grigol Gotsiridze’s preventive measure, prosecutor Muradashvili spoke about motives of bail. “He will not hide from the investigation; will not hinder ongoing process and based on his background, we believe he shall be bailed by 5 000 lari that shall be paid within 15 days.”

Lawyer Nodar Tsintsadze agreed with the prosecutor’s solicitation. He said his client was tested on narcotics but substances discovered in his blood were related with the medicines he is taking due to medical treatment.

“He is taking medical treatment and substances discovered in his blood might be connected with those medicines. So, investigation has time to estimate the truth. Our final position about the imposed charge will be disclosed after the investigation is over,” said the lawyer.

Prosecutor Kakha Muradashvili said Grigol Gotsiridze was detained near Okami village, Kaspi district. Substance with 0.0004 gram desomorphone mixture was discovered in his pocket that is narcotic in large amount. Prosecutor’s office released Grigol Gotsiridze after imposing charge on him on December 10 and he attended the trial without detainee’s status.

Detention 4

Judge Nino Gergauli at Gori district court bailed 5 000 lari on each detainee on Ditsi case. The judge passed verdict at 6:00 pm on December 8. Detainees’ lawyers Nodar Tsintsadze and Vazha Sukhitashvili are satisfied with the court judgment.

On December 6, 2012 Gori district prosecutor’s office arrested activists of the National Movement: chief specialist of social service at Eredvi municipality Jangir Mchedlishvili, head of financial-budget service Gogita Gochashvili and head of social service Levan Maisuradze for the persecution of a person (Article 156, Part II – “a”- Persecution for speech, opinion, conscience, religious denomination, faith or creed or political, public, professional, religious or scientific pursuits under violence or threat of violence) and for hooliganism (Article 239 Part II –“a” hooliganism by a prior consent of a group).

 Nodar Tsintsadze, the lawyer: “Today’s judgment of the court is another indicator of increasing independence of the judiciary system. As for the accusations, investigation is underway; former detainees will cooperate with the investigation and try to answer all questions; so the process is going on in a civilized form.”

Vazha Sukhitashvili, the lawyer: “My client and other detainees in this case do not plead guilty. Both parties were damaged in the Ditsi incident. The detainees allege they were at the temple where the incident occurred. Everybody was injured including detainees. Many things shall be clarified. Prosecutor’s office requested imprisonment claiming the detainees could influence witnesses that was not shared by the judge.”

Detention 5

On November 28, 2012 Shida Kartli regional police officers arrested Rezo Kakhniashvili, residing in IDP settlement in Verkhvebi, Gori and four more people. Rezo Kakhniashvili was head of supervision service at the Shida Kartli regional governor’s administration. Police arrested four more people together with him – Vano Midodashvili, Lekso Midodashvili, Dato Turashvili and Aleko Zangaladze.

According to the police, the detainees were suspected in the violation of Article 260 Part II of the Criminal Code of Georgia that is illicit purchase/production of narcotic substance. Lawyer Nino Shavshishvili protects Rezo Kakhniashvili’s rights; the lawyer was not allowed to meet the detainee during 2-3 hours. Journalists were expelled from the waiting room of the police station.

Before meeting with lawyers, the detainees met head of police department Giorgi Dvalishvili separately. Dvalisvhili was beaten during the incident in Karaleti IDP settlement on July 12, 2012. Some of the detainees participated in the Karaleti incident. Today, old rivals met each other with different positions.

Lawyer Nino Shavshishvili said Rezo Kakhniashvili was arrested without witnesses. “I studied search protocol which states that he was searched without witnesses. However, it was possible to invite neighbors at the search process; police claims they had withdrawn syringe with unidentified substance in it in his house. Other people shall also be questioned and soon it will be clarified how the syringe appeared in Rezo Kakhniashvili’s bedroom.”

Drug-test did not confirm influence of narcotic substances on two detainees - employees of Shida Kartli regional governor’s administration Rezo Kakhniashvili and Aleksandre Zangaladze. Deputy regional governor Badri Basishvili said police politically persecutes members of the National Movement.

Two days later, the detainees Rezo Kakhniashvili, Aleksandre Zangaladze and Vano Midodashvili, as well as Lekso Midodashvili and Davit Turashvili were released. “The only thing we learned is that they are free and at home. I also confirm that my client Rezo Kashniashvili is not charged yet. As for the order to stop investigation, we have not learned about it yet,” said Nino Shavshishvili.

Badri Basishvili also confirmed information about release of IDP persons from Large Liakhvi Gorge.

In accordance to the Criminal Procedural Code of Georgia (Article 176) the detainee shall be released if it is not proved that he/she had committed crime or not; imprisonment was not imposed on him/her as a preventive measure; term for detention envisaged under this law was expired; authoritative representative of state agency or governmental official did not approve his/her detention; criminal procedural code was breached during detention. The detainee is released based on the decision of prosecutor or a judge.