Imprisonment Term of Bachana Akhalaia to Expire

Salome Chkheidze

Nine-month imprisonment term of the accused Bachana Akhalaia expires early in August. According to the procedural law, unless the City Court passes verdict meanwhile, the accused will be released. The issue became urgent after it was clarified that parties have to interrogate 150 witnesses at the trial. In parallel to it, the prosecutor’s office blames the defense lawyers in purposeful extension of court proceedings.

Article 205 Part II of the Criminal Procedural Code clarifies that accused person can spend no more than 9 months in imprisonment; after the term expires, if the court did not pass verdict, the accused shall be released.

On June 6, prosecutor said at the trial on Bachana Akhalaia and other accused persons that defense side tries to purposefully prolong the process. The prosecutors made the statement after Akhalaia’s lawyer initially raised solicitation on postponing the process and then requested to decline the judge.

Recently appointed state attorney of Akhalaia requested to postpone the process because he could not study trial protocols so far. He said he had applied to the court on June 3 and requested for the protocol but in vain; thus his rights and principle of compatibility were breached.

Prosecutor’s side did not agree the solicitation and said that Akhalaia’s lawyer could study materials in Akhalaia’s case and come to the trial prepared; so it could not become ground for postponing the court hearing.

“Trial today confirmed our doubts. We doubted that defense side purposefully tried to prolong the process in order to prevent the court to pass verdict in due time. Indeed, it is fact that process has been prolonged artificially for several times already in order to expire nine-month imprisonment term of the accused,” the prosecutor said.

Judge Giorgi Darakhvelidze did not satisfy the solicitation. He said the judge and secretary are authorized to sign the trial protocol no later than 5 days after the process finishes and the parties will have chance to receive the document only afterwards. Thus, Darakhvelidze said it was impossible to hand the protocol to Akhalaia’s lawyer before.

Afterwards, Akhalaia’s lawyer raised another solicitation and requested to decline Judge Giorgi Darakhvelidze from the process. Defense side clarified that judge created unequal conditions for the parties during the trial.

Prosecutor evaluated both solicitations as an attempt to prolong the court hearing.

“It has been several times already that defense side requests to decline Judge Giorgi Darakhvelidze after the latter rejected their solicitations,’ the prosecutor noted.

“The trial would have been partial and biased if he had satisfied similar solicitations. You did not receive the protocols in compliance with the law whilst your own solicitations were illegal,” Judge Giorgi Darakhvelidze said and did not satisfy the second solicitation either.

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