Victim and Defendant in Robbery Case Call the Prosecutor’s Office to Re-examine Their Complaint

Salome Chkheidze

Mamuka Zarkua has been serving his 10-year sentence and according to him he has continually been victim of physical assault during this time. He was sentenced for robbery as a result of which citizen Givi Janjgava died. Mamuka Zarkua denies that he committed the crime.  His family members and the lawyer do not plead him guilty. Madona Kacharava, wife of the deceased Givi Janghava states that she knows who the real criminal is.  

Madona Kacharava sent a statement to Roland Akhalaia, former Prosecutor of Samegrelo-Upper Svaneti and named the real criminals, but received no response. Madona Kacharava and Mamuka Zarkua state that the real criminals are backed by the law enforcement officers.

On January 20th of 2005 Supreme Court of Georgia sentenced Mamuka Zarkua to 14 years in prison. According to the Court verdict, he is charged of the robbery of Givi Janjgava together with 4 unknown criminals in the village Ontopo, in Abasha district on January 12 of 2004 during which Givi Janghava was shot from firearm.

“Because I had a criminal record, Prosecutor of Abasha region did not give me peace. He was demanding money to let me stay in the village.  My family was financially well-off and he knew that it would not be difficult for me to pay money. But I refused to pay. Once he called me and said that he would make me leave the village. He was demanding bribe from me. Soon that terrible tragedy happened in the village Ontopo and I was arrested in my brother’s house in an hour after the accident. There are 17 witnesses – my family members and my neighbors who say that I was at home during the accident but investigation declined this evidence” – states the letter sent to Human Rights Center from prison by Mamuka Zarkua.

According to him, he was tortured as he got to the police station. He was requested to confess crime. As the murder was unopened, the case was sent for investigation to the main regional department of Samegrelo - Upper Svaneti district of Prosecutor’s Office.

‘’There appeared Roland Akhalaia. He visited me in the prison and said that if I confessed crime I would get minimal penalty. I said with pride that I would not confess crime as I was not guilty. Roland Akhalaia said; ‘’wherever you are I will make your life hell’’-states Zarkua. 

 

The Court hearing was held at Supreme Court and the accused was sentenced to 14 years in prison. Mamuka Zarkua has been sending lots of letters for 9 years, both to Parliament and the law enforcement agencies as well as different kinds of NGOs where he wrote that he was innocent, but he did not receive any response. 

‘’I was taken to #2 penitentiary department in Kutaisi on March 24th of 2006, where I was severely beaten right away. I was on a long date with my wife on March 24th when the special detachment entered the room and began to beat and scold me.  Then I was taken to Kutaisi isolation cell. All this began after threat of Roland Akhalaia. I had to meet with Bacho Akhalaia in Kutaisi isolation cell, ‘’you are that firm Zarkua?”-He asked. I answered that I was innocent and Zugdidi regional Prosecutor’s Office knew about the real criminals. After that I was beaten and sent unconscious to the cell. Later some similar facts took place towards me and I was obliged to sew mouth as a protest. Then I was taken to #6 penitentiary department in Rustavi, where I was under indescribable pressure. Once during beating Roland Akhalaia’s son broke my teeth. I would get beaten for every statement I wrote.  But I did not give it up. I was taken to #17 department in 2009, where I got ill as a result of starvation. I had tuberculosis and I was sent to tubzona’’- say the letters sent from prison.

According to Mamuka Zarkua, he was requested to stop writing letters and confess crime and the served sentence would be enough but he did not agree with it. During imprisonment he himself began to investigate his case. As he says, he knows the names of people who attacked the family of Givi Janjgava. He gave this information to the victim’s family and investigation, but nothing changed. 

Madona Kacharava, wife of Givi Janjgava sent a statement to Roland Akhalaia the chief Prosecutor of Samegrelo-Upper Svaneti in April of 2012, and she wrote there that Mamuka Zarkua did not participate in robbery and she named those people who were real criminals.

“Mamuka Zarkua names all participants, the real murderer among them. The investigator is also informed about this.  However, somebody has interest to hinder finding truth in this case. This person or these people are sponsors of this criminal group, who still have their posts. What other goals must the investigation have unless support not to open already opened case?”- The letter sent to Roland Akhalaia by Madona Kacharava states. 

She names those 5 people who participated in the robbery. For the interests of investigation the Human Rights Center does not reveal their names. Kacharava also talked about the patrons of this criminal group in letter.

 

“Some patrons of this criminal group are hiding behind you and your children’s names. I demand to investigate this case right away and punish all people who are connected with this crime. Also, I ask you to protect Mamuka Zarkua. I will notgive up, I will sacrifice myself and I will not compromise anything”, - Madona Kacharava writes to Roland Akhalaia. This statement has not been responded. 

Mamuka Zarkua called the Human Rights Centre in September of 2012 first time. Nino Andriashvili, Head of Legal Department of Human Rights Center was interested in this case and she met the accused in prison personally.

‘’After  getting acquainted with the  materials and talking with Zarkua we appealed in written to the Chief Prosecutor’s Office and requested to begin investigation on facts which Zarkua had described in his statement. Chief Prosecutor’s Office sent my statement to Senaki Prosecutor’s Office, but we got response from Senaki that there was no reaction because ofabsence of newly revealed circumstances. . After that I wrote to the Chief Prosecutor’s Office again and wrote that Senaki Prosecutor’s Office did not know the terminology well, as the talk was not about the newly revealed circumstances, but newly discovered circumstances. (It means that there should be a new law that lightens the penalty) I was giving new information to the investigation but they did not react on it,” - states Nino Andriashvili.

Madona Kacharava appealed to District Prosecutor on February 14 of 2013, now V.Iosava and informed that there was no response to her statement, which she sent to Roland Akhalaia previous year where she named real criminals. At that time the victim requested the answer from him. 

On the basis of the  letter mentioned above, the lawyer Nino Andriashvili appealed her statement repeatedly to the Chief Prosecutor’s Office and requested to begin the investigation: “Madona Kacharava states that Mamuka Zarkua is not guilty, she requests to establish the truth  in the case and punish criminals which should be the basis for starting new investigation. I sent statement to the Prosecutor’s Office last week and there was no response to it yet. We hope that it will be possible to start investigation anewand to establish the truth’’.

 

Mamuka Zarkua mentioned in the phone talk with Humanights.ge that he police knew the real criminals, they wanted to cover them and Zarkua was only interfering factor as he was not confessing crime. 

“It is already nine years since the day of my detention that I have not weakened my attention. I am firm, I was and I will be against that illegible decision that was made against me. New authority wants to restore justice and I hope they investigate my case too. I was imprisoned for 10 years by former authority for their private interests. I don’t think there is unluckier man than me in Georgia. After new authority came, I became a human being again. I am not afraid to get up in the morning. I am not afraid that I might get killed accidentally during the beating. I hope that everything will be fine and the justice will triumph”,- states Mamuka Zarkua. 

Office of Prosecutor has not begun investigating the case of Zarkua yet. As the defendant, his lawyer and the victim state they will fight till the end to find the truth in the case.